HomeMy WebLinkAboutOrdinance 1052 ORDINANCE NO. 1052
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO PLANNED UNIT DEVELOPMENT
The City Council of the City of Columbia Heights does ordain:
Section 1: Section 9.116(17) of Ordinance No. 853, City Code of 1977, passed June 21,
1977, which reads as follows, to:-.wit:
"9~:116(17) - Planned Unit Development '
This Section estabdishes provisions for the granting of a Conditional Use
Permit to provide for a Planned Unit Development project. The purpose of
the Planned Unit Development is to encourage a flexibility in the design
and development of. land in order to promote its appropriate use; to
facilitate the adequate and economical provisions of streets and utilities;
and to preserve the natural and scenic qualitles for open areas. The
owner or owners of any IA tract of land within the "R-2", "R-3", and/or
"R-4" Use District or any 2A tract in the."B" District or 5A tract in the
"1" District may submit an appllcatlon tO the Zoning Administrator for
Conditlonal Use Permit approval to construct a PUD.
(a) Appllcatlon Review Procedure
Concept Plan; The applicant may request a concept review
of the proposed development by the Planning Commlsslon to
gain information and thoughts relevant to the City Plan
and his development, provided.the followlng data is made
available' to the City in three (3) copies.
1)
Base Map showing applicant's land, plus lot and
use pattern for all the land within four hundred
(q00) feet or more if necessary to show relatlonshlp.
2)
Statement as to the type of use and architecture
as to height and bulk.
Statement on population as to density', number, .age,
distribution, occupancy, etc.
Physical feature map showing topography, tree location,
drainage pattern and availability of utilities.
5) Concept Plan in sufficient detail to understand
density, use relationship, access~ park'ing, open
space and building mass.
ii)
Preliminary Plan: The applicant shall file, with the
application or within six (6) months after Concept Plan
review, a preliminary plan and supporting data. Within
sixty (60) days after verification by the staff that the
required plan and supporting data is adequate, the Plan-
ning Conrnission shall hold a public hearing. The staff
report shall be made aval]able at least ten (10) days
prior to the public hearing. After the hearing, the
Planning Commission shall forward to the City Council,
their recommendation in writing. The City Council shall
disapprove, approve or approve with modification and
notify the applicant within sixty (60) days after receipt
of recommendation unless the applicant agrees to a con-
tinuance.
Final Plan: Upon approval of the Prelimlnary Plan by the
Council, the appllcant may file a request for approval.of
Final Plan for the entire PUD or for one or more of the
development stages as made a part of the supporting data.
The Prelim[nary Plan approval shall become void within
one year unless a request is made for a Final Plan approval.
The Planning Commission shall place a request for Final
Plan approval on the next regular Planning Commission agenda
after ten (10) days from date of filing. The findings and
recommendations of the Planning Commission shall be forwarded
to the Council for consideration.
Fail~re tq Be~in Planned Develo.pment: If no construction
Bas begun or no use established in the planned development
within one (1) year from the approval of the final develop-
ment plan, the final development plan shall lapse and be
of no further effect. In its discretion and for good cause,
the Planning Commission may extend for one (1) additional
year the period for the beginning of construction or the
establishment of a use. If a final development plan lapses
under the provisions of this section, the clerk of the
council shall remove the planned development from the zoning
map and shall file a notice of revocation with the recorded
final development plan. The zoning regulatlons applicable
before the final development was approved shall then be re-
vived and'in effect.
(b)
Requirements for Prelimlhary Plan
The preliminary plan and supporting data shall include the
following:
i) The exlstlng topographic character of the land.
ii) Hap shc~vlng enough of the surrounding area t~o demonstrate
the relationship of the proposed PUD.
A statement on population, as to density, numbers and
age distribution.
iv) A statement on the existing public services, such as
schools, parks, fire protection, playgrounds, bus, etc.
v) A map showing street systems, plot lines and plot
designs.
vi) Areas proposed to be conveyed, dedicated, or reserved
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vii)
viii)
ix)
for parks, parkways, playgrounds, school sites, public
buildings, and similar public and seml-public uses.
A plot plan for each building site and corrmon open area,
showing the approximate location of all buildings,
structures, and improvements and indicating the open
spaces around buildings and structures.
Elevation and perspective drawings of all proposed
structures and improvements except single-family resi-
dences and their accessory buildings. The drawings
need not be the result of final archltectural decisions
and need not be in detail.
A development schedule indicating (1) the approximate
date when construction of the project can be expected
to begin; (2) the stages in which the project will be
built and the approximate date when construction of
each stage can be expected to begin (3) the anticipated.
rate of development; (4) the approximate dates when the
development of each of the stages in the development
will be completed; and (5) the area and location of common
open space that will be provided at each stage.
(el
x) Agreements, provisions, or covenants which
govern the use, maintenance, and continued
protection of the planned development and any
of its common open areas.
xi) The.following plans and diagrams, insofar as the
Planning Commission finds that the planned develop-
ment creates special problems of traffic, parking,
landscaping or economic feasibility:
1) An off-street parking and loading plan.
2)
A circulatlon diagram indicating the proposed
movement of vehicles, goods, and pedestrians
within the planned development and to and from
existing thoroughfares. Any special engineering
features and traffic regulatlon devices needed
to facilitate or insure the safety of this cir-
culation pattern must be shcxvn.
3) A landscaping and tree planting plan.
4) An economic feasibility report or market
analysis.
5) Preliminary Utility Plan
Preliminary. Plan Standards
All of the requirements of the Use District within which
the plan is located shall apply except as herein amended.
(d)
The tract of land shall be served with city sewer and
water and have not less than seventy-five (75) feet of
public right-of-way frontage.
No principal building shall be nearer than its height
to the rear or side 1or line when such llne abuts an
"R-I" or "R-2" Use District.
No building within the development shall be nearer to
another building than one-half (1/2) the sum of the
height of the two buildlngs.
:tv)
Private roadways within the project designed as
collector streets (no driveways) shall be twenty-
eight (28) feet or more in width, face to face
of curb, private accessways shall be
twenty-four (24) feet or more in width, face to
face of curb and service roads shall be twenty-
two (22) feet or more in width, face to face of
curb. 5ervlce roads shall not serve more than
twenty (20) dwelling units or a use equlvalent in
traffic generation. Should guest parking require-
ments be proposed as on street spaces, the street
widths as herein stated shall be widened 8 x 22
feet for each space.
v)
No building shall be located less than fifteen
(15) feet from the back of the curb on roadways
and accessways, and three (3) feet on service
roads.
vi)
Guest parking ratio shall be one (1) space for
each four (4) units with no unit having a distance
greater than two hundred (200) feet to such space.
vii)
An open space system shall be designed showing
recreational areas equal to at least ten (10~)
percent of the site area and served by pedestrian'
oriented path system. Those natural areas,
i.e., woods, hills, valleys, wet areas, rock
outcrops are to be favored as part of the open
space system.
viii)
A sewer-water public utility system to serve the
project shall be submitted, said system shall in-
dicate a fire hydrant distribution to the approval
of the Fire Chief and in total to the City Council.
:ix)
A street light system shall be submitted for
approval and all wires shall be below ground.
Requirement for Final Plan
i) Within six (6) months foil°Wing the approval of the
preliminary development plan, the applicant shall flle
with the Planning Commission a final development plan
(e)
(f)
containing in final form the information required in
the preliminary plan. In its discretion and for good
cause, the Planning Commission may extend for six (6)
months the period for filing of the final development
plan.
The Planning Conrnisslon shall give notice and provide
an opportun!ty to be heard on the final development
plan to:
1) Any person who appeared of record at the
hearing on the preliminary development plan
or at the hearing on the outline development
plan, if any.
2) Any other person who has indicated to the Planning
Commission in writing that he wishes to be notified.
iii) The Plannlng Commlsslon shall review the flnal development
plan, and shall recon~nend approval of the final development
plan if it is in substantial compliance with the preliminary
development plan. The clerk of the council shall record the
final development plan in the manner provided for recording
plats of subdivisions.
Enforcin9 Development Schedule
The construction end provision of all of the common open spaces
and public and recreational facilities which are shown on the
final development plan must proceed at the same rate as the
construction of dwelling units. At least once every six (6)
months following the approval of the final development plan~
the Zoning Administrator shall review all of the buildlng
permits issued for the planned development and examine the
construction which has ~aken place on the site. If he shall
find that the rate of construction of dwe]ling units is greater
than the rate at which common open spaces and recreatlonal
facilities have been constructed and provided,( he shall fonvard
this information to the council, which may revoke the planned
development permit.
Conveyance and Halntenance of Common 0pe~ Space
i) All land shown on the final development plan as con,non open
space must be conveyed under one of the following options:
l)
It may be conveyed to a public agency which will agree
to maintain the common open space and any buildlngs,
structures, or improvements which have been placed
on it.
2)
It may be conveyed to trustees provided in an
identure establishing an association or slmilar
organization for the maintenance of the planned
development. The common open space n~JSt be con-
veyed to the trustees subject to covenants to
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be approved by the Planning Commission which re-
strict the common open space to the uses specified
on the final development plan, and which provide
for the maintenance of the common open space in a
manner which assures its continuing use for its
intended purpose.
ii) No co~non open space may be put to any use not specified
in the flnal development plan unless the flnal development
plan has been amended to permit that use under Section 9.116(17)(8)
of this Ordinance. However, no change of use authorized ~-
under Section g.l16(17)(d) may be considered as a waiver of any
of the covenants limiting the use of con,non open space areas,
and all rights to enforce these covenants against any use
permitted under Section g.l16(17)(f) are expressly :eserved.
iii) If the common open space is not conveyed to a public agency,
either one of the followlng methods of enforcement must be
provided:
l)
The legal right to develop the common open space for
the uses not specified in the flnal development plan
must be conveyed to a public agency.
2)
The restrictions governing the use, improvement, and
maintenance of the conznon Open space must be stated
as conditions to the conveyance of the common open
space, the fee title to the common open space to vest
in a public agency in the event of a substantlal
default in the stated conditions.
iv) If the common open space is not conveyed to a public
agency, the covenants governing the use, improvement,
and maintenance of the common open space may authorize a
public agency to enforce their provisions.
9.116(17)
Standards for Common or Public Open 5pace
No open area may be accepted as common open space under the
provisions of this Ordinance unless it meets the foli owlng
standards:
i) The location, shape, size, and character of the common
open space must be suitable for the planned development.
ii) Common open space must be used for amenity or recreational
purposes. The uses authorized for the common open space
must be appropriate to the scale and character of the
planned development, considering its size, density,
expected population, topography, and the number and
type of dwellings to be provided.
iii) Common open space must be suitably improved for Its
intended use, but common open space containing natural
features worthy of preservation may be left unimproved.
-6 -
The buildings, structure~, and improvements which are
permitted in the common open space must be appropriate
to the uses which are authorized for the common open
space and must conserve and enhance the amenities of
the common open space having regard to its topography
and unimproved condition.
The development schedule which is part of the development
plan must coordinate the improvement of the common open
space, the construction of buildings, structures, and
improvements in the common open space, and the construc-
tion of residential dwellings in the planned development.
If the final development plan provides for buildings.,
structures, and improvements in the common open space
of a value in excess of Five Thousand ($5,000) Dollars,
the developer must provide a bond or other adequate
assurance that the buildings, structures, and improver
ments have been completed according to the development
plan.
(h)
Control of Planned Unit Development Followin~ Completion
The Planning Commission shall issue a certificate
certifying the completion of the planned development,
and the clerk of the Planning Commission shall note
the issuance of the certificate on the recorded final
development plan.
After the certificate of completion has been issued, the
use of land and the construction, modification, or
alteration of any buildings or structures within the
planned development will be governed by the approved
final development plan rather than by any other provi-
sions of this Zoning Ordinance.
iii) After the certificate of completion has been issued, no
changes may be made in the approved flnal development
plan except upon application to the appropriate agency
under the procedures provided below:
1) Any minor extensions, alterations, or modifications
of existing buildings or structures may be authorized
by the Planning Commission if they are consistent
with the purposes and intent of the flnal plan. No.
change authorized by this section may increase the
cube of any building or structure by more than ten
percent.
2) Any uses not authorized by the approved final plan, but
allowable in the planned development as a permitted
use under the provisions of the zoning ordinance, or
permitted as a conditional use in the zone in which the
_7 -
planned development is located, may be added to the
final development plan under the procedures provided
by the Zoning Ordinance for the approval of conditional
us es.
3) A building or structure that is totally or s~bstantially
destroyed may be reconstructed only in compliance with
the flnal development plan unless an amendment to the
final development plan is approved under subsection $.
Changes in the use of common open space may be
authorized by an amendment to the flnal development
plan under subsection 5.
5) All other changes in the final development plan must
be made by the council, under the procedures authorized
by this ordinance for the amendment of the zoning map.
No changes may be made in the final development plan
unless they are required for the continued successful
functioning of the planned development, or unless they
are required by changes in conditions that have occurred
since the final plan was approved or by changes in the
development policy of the community.
No changes in the final development plan which are approved
under this section are to be considered as a waiver of the
covenents limiting the use of land, buildings, structures, and
improvements within the area of the planned development, and
all rights to enforce these covenants against any changes
permitted by this section are expressly reserved.
is hereafter amended to read as follows, to-wit:
9.116(17)
Planned Unit Development
This Section estabdishes provisions'for the granting of a Conditional Use
Permit to provide for a Planned Unit Development project. The purpose of
the Planned Unit Development is to encourage a flexibility in the design
and development o~ land in order to promote its appropriate use; to
facilitate the adequate and economical provisions of streets and utilities;
and to preserve the na'tural and scenic qualitles for open areas. The
owner or owners of any IA tract of land within the "R-2", "R-3", and/or
"R-q" Use District or any 2A tract in the "B" District or SA tract in the
'~1" District may submit an appllcatlon to the Zoning Administrator for
Conditional Use Permit approval to construct a PUD.
(a) Appl~catlon RevTew Procedure
Concept Plan; The appllcant may request a concept review
of the proposed development by the Planning Commission to
gain information and thoughts relevant to the City Plan
and his development, provided.the followlng data is made
available' to the City in three (3) copies.
1) Base Hap shc~ving applicant's land, plus lot and
- 8-
ii)
iv)
use pattern for all the land within four hundred
(~00) feet or more if necessary to 5hc~ relationship.
2)
Statement as to the type of use and architecture
as to height and bulk.
3)
Statement on populatlon as to density, number,.age,
distribution, occupancy, etc.
4)
Physical feature map shc~ving topography, tree location,
drainage pattern and availability of Utilities. ~
5) Concept Plan in sufficient detail to understand
density, use relationship, access,'par.k'lng, open
space and buildlng mass.
Preliminary Plan: The applicant shall file, with the
application or within six (6) months after Concept Plan
review, a preliminary plan and supporting data. Within
sixty (60) days after verification by the staff that the
required plan and supporting data is adequate, the Plan-
ning Com~ission shall hold a public hearing. The staff
report shall be made available at least ten (10) days
prior to the public hearing. After the hearing, the
Planning Commission shall forward to the City Council,
their recommendation in writing. The City Council shall
disapprove, approve or approve with modification and
notify the applicant within sixty (60) days after receipt
of recommendation unless the applicant agrees to a con-
tinuance.
Final Plan: Upon approval of the Preliminary Plan by the
Council, the applicant may file a request for approval.of
Final Plan for the entire PUD or for one or more of the
development stages as made a part of the supporting data.
The Prellml.nary Plan approval shall become void within
one year unless a request is made f~r a Final Plan approval.
The Planning Commission shall piace a request for Final
Plan approval on the next regular Planning Commission agenda
after ten (10) days from date of filing. The findings and
recommendations of the Planning Commission shall be forwarded
to the Council for consideration.
Failure to Be~in Planned Development: If no construction
has begun or no use established in the planned development
within one (I) year from the approval of the final develop-
ment plan, the final development plan shall lapse and be
of no further effect. In its discretion and for good cause~
the Planning Commission may extend for one (i) additlonal
year the period for the beginning of construction or the
establishment of a use. If a final development plan lapses
under the provisions of this section, the clerk of the
council shall remove the planned development from the zoning
map and shall file a notice of revocation with the recorded
final development plan. The zoning regulations applicable
before the final development was approved shall then be re-
vived and in effect.
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Requirements for Preliminary Plan
The prellminary plan and supporting dat$ shall include the
follc~ing:
The existing topographic character of the land.
Hap shc~ving enough of the surrounding area to demonstrate
the relatlonship of the proposed PUD.
A statement on population, as to density,, numbers and
age distribution.
iv) A statement on the existing public services, such as
schools, parks, fire protection, playgrounds, bus, etc.
v) A map showing street systems, plot lines and plot
designs.
Areas proposed to be conveyed, dedicated, or reserved
for parks, parkways, playgrounds, school sites, public
buildings, and similar public and semi-public uses.
vii)
viii)
A plot plan for each building site and con,non open area,
showing the approximate location of all buildings,
structures, and improvements and indicating the open
spaces around buildings and structures.
Elevation and perspective drawings of ali proposed
structures and improvements except single-family resi-
dences and their accessory buildings. The drawings
need not be the result of final architectural decisions
and need not be in detail.
A development schedule indicating (1) the approximate
date when construction of the'project can be expected
to begin; (2) the stages in which the project will be
built and the approximate date when construction of
each stage can be expected to begin (3) the anticipated
rate of development; (q) the approximate dates when the
development of each of the stages in the development
will be completed; and (5) the area and location of con,non
open space that will be provided at each stage.
x)
Agreements, provisions, or covenants which
.govern the use, maintenance, and continued
protection of the planned development and any
of its common open areas.
The following plans and diagrams, insofar as the
Planning Co~rnlsslon finds that the planned develop-
ment creates special problems of traffic, parking,
landscaping or economic feasibility:
1) An off-street parking and loading plan.
- 10-
(=)
2)
A circulatlon diagram indicating the propose~
movement of vehicles, goods, and pedestrians
within the planned development and to and from
existing thoroughfares. Any special engineering
features and traffic regulation devices needed
to facilitate or insure the safety of this cir-
culation pattern must be shown.
3) A landscaping and tree plant|ng plan.
4)
An economic feasibility report or market
ana)ysis.
5) Preliminary Utility Plan
Prellminary Plan Standards
All of the requirements of the Use District within which
the plan is located shall apply except as herein amended.
The tract of land shall be served with city sewer and
water and have not less than seventy-five (75) feet of
public right-of-way frontage.
No principal building shall be nearer than its height
to the rear or side lot line when such llne abuts an
"R-I" or "R-2" Use District.
iii)
No buildlng within the development shall be nearer to
another building than one-half (1/2) the sum of the
height of the two buildings.
Private roadways wlthln the project designed as
collector streets (no driveways) shall be twenty-
eight (28) feet or more in width, face to face
of curb, private accessways shall be
twenty-four (24) feet or more in width, face to
face of curb and service roads shall be twenty-
two (22) feet or more in width, face to face of
curb. Service roads shall not serve more than
twenty (20) dwelling units or a use equivalent in
traffic generation. Should guest parking require-
ments be proposed as on street spaces, the street
widths as herein stated shall be widened 8 x 22
feet for each space.
No building shall be located less than fifteen
(15) feet from the back of the curb on roadways
and accessways, and three (3) feet on service
roads.
vii)
Guest parking ratio shall be one (1) space for
each four (4) units with no unit having a distance
greater than two hundred (200) feet to such space.
An open space system shall be designed showing
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recreational areas equal to at least ten (10%) percent of the site area and served by
pedestrian oriented path system. Those natural areas, i.e., woods, hills, valleys,
wet areas, rock outcrops are to be favored as part of the open space system.
VIII
A sewer-water public utility system to serve the project shall be submitted, said
system shall indicate a fire hydrant distribution to the approval of the Fire Chief
and in total to the City Council.
IX
A street light system shall be submitted for approval and all wires shall be below
ground.
X
Not withstanding the provisions of Section 9.108 (5), dwelling units erected in the
"R-2" District shall have a minimum floor area of 750 square feet for each unit
containing one bedroom or less, plus 120 square feet for each additional bedroom
within the trait.
(D) Requirement for Final Plan
Within six (6) months following the approval of the preliminary development
plan, the applicant shall file with the Planning Commission a final development
plan containing in final form the information required in the preliminary plan. In
its discretion and for good cause, the Planning Commission may extend for six (6)
months the period for filing of the final development plan.
ii
The Planning Commission shall give notice and provide an opportunity to be
heard on the final development plan to:
1)
Any person who appeared of record at the hearing on the preliminary
development plan or at the heating on the outline development plan, if
any.
2)
Any other person who has indicated to the Planning Commission in
writing that he wishes to be notified.
iii
The planning Commission shall reveiw the final development plan, and shall
recommend approval of the final development plan if it is in substantial
compliance with the preliminary development plan. The clerk of the council shall
record the final development plan in the manner provided for recording plats of
subdivisions.
(E) Enforcing Development Schedule
The construction and provision of all of the common open spaces and public and
recreational facilities which are shown on the final development plan must proceed at the same
rate as the construction of dwelling units. At least once every six (6)
(f)
months following the approval of the final development plan~
the Zoning Administrator shall review ail of the building
permits issued for the planned development and examine the
construction which has taken place On the site. If he shall
find that the rate of construction of dwelling units is greater
than the rate at which common open spaces and recreatlonal
facilitles have been constructed and provided, he shall forward
this information to the council, which may revoke the planned
-development permit.
~onveyance and Malntenance of Common Open Space
i) All land shown on the final development plan as common open
space must be conveyed under one of the following options:
l)
It may be conveyed to a public agency which will agree
to maintain the con,non open space and any buildings,
structures, or improvements which have been placed
on it.
2)
It may be conveyed to trustees provided in an
identure establishing an association or similar
organization for the maintenance of the planned
development. The common open space must be con-
veyed to the trustees subject to covenants to
be approved by the Planning Commission which re-
strict the common open space to the uses specified
on the final development plan, and which provide
for the maintenance of the common open space in a
manner which assures its continuing use for its
intended purpose.
No common open space may be put to any use not specified
in the final development plan unless the final development
plan has been amended to permit that use under SeCtion 9.116(17)(d)
of this Ordinance. However, no change of use authorized
under Section 9.116(17)(d) may be coasidered as a waiver of an7
of the covenants llmltlng the use of common open space areas,
and all rights to enforce these covenants against any use
permitted under Section 9.116(17)(f) are express17 reserved.
iii) If the common open space is not conveyed to a public agency,
either one of the followi, ng methods of enforcement must be
provided:
1)
The legal right to develop the common open space for
the uses not specified in the final development plan
must be conveyed to a publlc agency.
2)
The restrictions governing the use, improvement, and
maintenance of the con~on open space must be stated
as conditions to the conveyance of the common open
space, the fee title to the common open space to vest
in a public agency in the event of a substantial
default in the stated conditions.
iv) If the common open space is not conveyed to a public
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9.116(17)
agency, the covenants governing the use, improvement,
and maintenance of the cora~on open space may authorize a
public agency to enforce their provisions.
Standards .for Common or Publlc Open Space
No open area may be accepted as common open space under the
provisions of this Ordinance unless it meets the following
standards:
i) The location, shape, size, and character of the common
open space must be suitable for the planned development.
il) Common open space must be used for amenity or recreational
purposes. The uses authorized for the common open space
must be appropriate to the scale and character of the
planned development, considering its size, density,
expected population, topography, and the number and
type of dwellings to be provided.
iii) Common open space must be suitably improved for its
intended use, but common open space containing natural
features worthy of preservation may be left unimproved.
The buildings, structure~, and improvements which are
permitted in the common open space must be appropriate
to the uses which are authorized for the common open
space and must conserve and enhance the amenities of
the common open space having regard to its topography
and unimproved condition.
The development schedule whi.ch is part of the development
plan must coordinate the improvement of the common open
space, the construction of buildings, structures, and
improvements in the common open space, and the construc-
tion of residential dwellings in the planned development.
v) If the final development plan provides for buildings,
structures, and improvements in the common open space
of a value in excess of Five Thousand ($5,000) Dollars,
the developer must provide a bond or other adequate
assurance that the buildings, structures, and improver
ments have been completed according to the development
plan.
(h)
Control of Planned Unit Development Followin9 Completion
The Planning Commission shall issue a certificate
certifying the completion of the planned development,
and the clerk of the Planning Commission shall note
the issuance of the certificate on the recorded final
development plan.
ii) After the certificate of completion has been issued, the
use of land and the construction, modification, or
- 16 -
alteration of any buildings or structures within the
planned development will be governed by the approved
final development plan rather than by any other provi-
sions.of this Zoning Ordinance.
iii) After the certificate of completion has been issued, no
changes may be made in the approved final development
plan except ~pon application to the appropriate agency
under the procedures provided below:
1) Any minor extensions, alterations, or modifications
of existing buildlngs or structures may be authorized
'by the Planning Commission if they are consistent
with the purposes and intent of the final plan. No.
change authorized by this section may increase the
cube of any building or structure by more than ten
percent.
2) Any uses not authorized by the approved final plan, but
allowable in the planned development as a permitted
use under the provisions of the zonln9 ordinance, or
permitted as a conditional use in the zone in which the
planned development is located, may be added to the
final development plan under the procedures provided
by the Zoning Ordinance for the approval of conditional
USeS.
3) A buildlng or structure that is totally or substantially
destroyed may be reconstructed only in compliance with
the final development plan unless an amendment to the
final development plan is approved under subsection 5.
4) Changes in the use of common open space may be
authorized by an amendment to the final development
plan under subsection ~.
5) All other changes in the final development plan must
be made by the council, under the procedures authorized
by this ordinance for the amendment of the zoning map.
No changes may be made in the final development plan
unless they are required for the continued successful
functioning of the planned development, or unless they
are required by changes in conditions that have occurred
since the flna] plan was approved or by changes in the
development policy of the community.
:tv)
No changes in the final development p]an which are approved
under this section are to be considered as a waiver of the
covenents limiting the use of land, buildlngs, structures, and
improvements within the area of the planned development, and
all rights to enforce these covenants against any changes
permitted by this section are expressly reserved.
._. 'Section 2: This ordinance shall be in full force and effect from and after thirty
(30) days after its passage.
First reading:
Second reading:
Date of passage:
Offered by:
Seconded by:
Roll call:
August 22, 1983
September 12, 1983
September 12, 1983
Hentges
Petkoff ~
Hovland, Petkoff, Hentges--aye
Norberg, Nawrocki--nay
ruce G. Iawrocki, Mayor
Jo~ne Student, Secretary to the Council
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