ORD 91-13OFFICIAL PUBLICATION
ORDINANCE NO• X1-13
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE RELATING
TO DISTRICT AND CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS:
Section 1. This section shall supersede any procedure ;
requirements in effect prior to the effective date of this
Ordinance relating to Planned Unit Development provisions of the
Otsego Zoning Ordinance.
Section 2. The Otsego Zoning Ordinance is hereby amended to
add Section 509. The section as added shall include the
following subsections:
509 Planned Unit Development
509.1 Purpose
509.2 General Requirements and Standards
509.3 Submission Requirements
509.4 Procedure for Processing a Planned Unit
Development.
Section 3. The Otsego Zoning Ordinance, Section 614 is
hereby amended by deleting Sections 614.1 through 614.10 and
replacing it with the following:
614 Planned Unit Development District, PUD
614.1 PURPOSE: The purpose of the "PUD", Planned Unit
Development District is to provide for the
integration and coordination of land parcels as
well as the combination of varying types of
residential, commercial and industrial uses.
614.2 APPLICATION: All permitted, permitted accessory,
or conditional uses contained in Sections 603
through 610 of this Ordinance shall be treated as
permitted uses within a PUD District to eliminate
the overlapping procedural requirements of
individual conditional use provisions.
614.3 SPECIAL PROCEDURES: The establishment of a "PUD",
Planned Unit Development District shall be subject
to the amendment and procedure requirements as
outlined in Sections 504 and 505 of. this
Ordinance, plus the procedures and conditions
imposed by Section 509 of this Ordinance.
Section 4. This Ordinance shall become effective
immediately upon its passage and publication.
ADOPTED the Otsego City' Council this 12TH day of
August 19 91
CITY OF OTSEGO
B y
Norm . Freske, Mayor
ATTEST:
By:
rome Perrault, Clerk
Complete copies of this Ordinance are available for review at the
Otsego City Hall, 13474 95th Street NE, during normal business
hours.
ORDINANCE NO. C( I l J
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE RELATING
TO DISTRICT AND CONDITIONAL USE PERMIT PLANNED UNIT DEVELOPMENT.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS:
Section 1. This section shall :supersede any procedure
requirements in' effect prior to the effective date of this
Ordinance relating to Planned Unit Development provisions of the
Otsego Zoning Ordinance.
Section 2. The Otsego Zoning Ordinance is hereby amended to
add Section 509 as follows:
509. Planned Unit Development
509.1 PURPOSE: This Section is established to provide
comprehensive procedures and standards designed to
allow greater flexibility, uniqueness, innovative
design and energy conservation in the development of
neighborhoods or areas. The PUD process, by allowing
deviation from the strict provisions of this Chapter
related to setbacks, height, lot area, width and depth,
yards, etc., by conditional use permit or the mix of
uses by PUD zoning, is intended to encourage:
(1) Innovations in development to the end that the growing
demands for all styles of economic expansion may be met
by greater variety in type, design, and sighting of
structures and by the conservation and more efficient
use of land in such developments.
(2) Higher standards of site and building design through
the use of trained and experienced land planners,
architects and landscape architects.
(3) More convenience in location and design of development
and service facilities.
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(4) The preservation and enhancement of desirable site
characteristics such as existing vegetation, natural
topography and geologic features and the prevention of
soil erosion.
(5) A creative use of land and related physical development
which allows a phased and orderly transition of land
from rural to urban uses.
(6) An efficient use of land resulting in smaller networks
Of utilities and streets thereby lowering development
costs and public investments.
(7) A development pattern in harmony with the objectives of
the Comprehensive Plan. (PUD is not intended as a
means , to vary applicable planning and zoning
principals.)
(8) A more desirable and creative environment than might be
possible through the strict application on zoning and
subdivision regulations of the City.
509.2 GENERAL REQUIREMENTS AND STANDARDS:
(1) Ownership: An application for PUD must be filed by the
landowner or jointly by all landowners of the property
included in a project. The application and all
submissions must be directed to the development of the
property as a unified whole. In the case of multiple
ownership, the approved final plan shall be binding on
all owners.
(2) Comprehensive Plan Consistency: The proposed PUD shall
be consistent with the City Comprehensive Plan.
(3) Sanitary Sewer Plan Consistency: The proposed PUD
shall be consistent with the City Comprehensive Sewer
Plan.
(4) Compatibility: The proposed PUD shall be compatible
with the adjacent land uses.
(5) Common Open Space: Common open space at least
sufficient to meet the minimum requirements established
in the Comprehensive Plan and such complementary
structures and improvements as are necessary and
appropriate for the benefit and enjoyment of the
residents/users of the PUD shall be provided within the
area of the PUD development.
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subject to the review and approval of the
City Attorney. The intent of this
requirement is to protect the property values
of the individual owner through establishing
private control.
4. The declaration shall additionally, amongst
other -things, provide that in the event the
association or corporation fails to maintain
properties in accordance with the applicable
rules and regulations of the City or fails to
pay taxes or assessments on properties as
they become due and in the event the City
incurs any expenses in enforcing its rules
and regulations, which said expenses are not
immediately reimbursed by the association or
corporation, then the City shall have the
right to assess each property its prorate
share of said expenses. Such assessments,
together with interest thereon and costs of
collection, shall be a lien on each property
against which ease such assessment is made.
5. Membership must be mandatory for each owner
and any successive buyer.
6. The open space restrictions must be permanent
and not for a given period of years.
7. The Association must be responsible for
liability insurance, local taxes, and the
maintenance of the open space facilities to
be deeded to it.
8. Property owners must pay a prorate share of
the cost of the Association by means of an
assessment to be levied by the Association
which meets the requirements for becoming a
lien on the property in accordance with
Minnesota Statutes.
9. The Association must be able to adjust the
assessment to meet changed needs.
10. The by-laws and rules of the Association and
all covenants and restrictions to be recorded
must be approved by the City Council prior to
the approval of the final PUD plan.
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(6) Staging of Public and Common Open Space: When a PUD
provides for common or public open space, and is
planned as a staged development over a period of time,
the total area of common or public open space or land
escrow security in any stage of development shall, at a
minimum, bear the same relationship to the total open
space to be provided in the entire PUD as the stages or
units completed or under development bear to the entire
PUD.
(7) Density: The maximum allowable density in a PUD zoning
district shall be determined by standards negotiated
and agreed upon between the applicant and the City. In
all cases, the negotiated standards shall be consistent
with the. development policies as contained in the
Comprehensive Plan. Whenever a PUD is to be developed
in stages, no such stage shall, when averaged with all
previously completed stages, have a residential density
that exceeds one hundred (100) percent of the proposed
residential density of the entire PUD. A PUD by
conditional use permit must comply with the applicable
base zoning district.
(8) Utilities: In any PUD, all utilities, including
telephone, electricity, gas and telecable shall be
installed underground.
(9) Utility Connections: The following requirements must
be met with regards to utility connections. Properties
within the urban service area where public water and/or
sanitary sewer service are not provided must
demonstrate the ability to meet these requirements once
public water and sanitary sewer service is available.
a. Water Connections: Where more than one (1)
property is served from the same service line,
individual unit shut off valves shall be provided
as required by the City.
b. Sewer Connections: Where more than one (1) unit
is served by a sanitary sewer lateral which
exceeds three hundred (300) feet in length,
provision must be made for a manhole to allow
adequate cleaning and maintenance of the lateral.
All maintenance and cleaning shall be the
responsibility of the property owners association
or owner.
(10) Roadways: All. streets shall conform to the design
standards contained in the Subdivision Chapter of the
City Code, unless otherwise approved by the City.
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(11) Landscaping: In any PUD, landscaping shall be provided
according to a plan approved by the City, which shall
include a detailed planting list with sizes and species
indicated as part.of the final plan. In assessing the
landscaping plan, the City shall consider the natural
features of the particular site, the architectural
characteristics of the proposed structures and the
overall scheme of the PUD plan.
(12)'Urban/Rural Servicing Requirements: All development
will be carefully phased so as to ensure that all
developable land will be accorded a present vested
right to develop at such time as services and
facilities are available. Lands which have the
necessary available municipal facilities and services
will be granted approval in accordance with existing
City Code provisions and development techniques.
Lands which lack the available public facilities and
services may be granted approval for development,
provided that all applicable provisions of this
Chapter, the City Code, the Comprehensive Plan, and
State Regulations are complied with.
(13) Setbacks:
a. The front and side yard restrictions of the
periphery of the Planned. Unit Development
conditional use permit site at a minimum shall be
the same as imposed in the base zoning districts.
A PUD zoning district shall at minimum have a
thirty (30) foot front yard setback and ten (10)
foot side yard setback. As appropriate, the City
may increase these standards.
b. No building shall be located less than fifteen
(15) feet from the back of the curb line along
those roadways which are part of the internal
street system.
C. No building within the project shall be nearer to
another building than one-half (1/2) the sum of
the building heights of the two (2) buildings.
(14) Sewage Disposal: In any PUD, all sewage disposal
systems shall meet the general provisions of Section
716 of this Chapter.
509.3 SUBMISSION REQUIREMENTS: Eight (8) large scale copies
and one (1) reduction (8 1/2" x 1111) of the following
exhibits, analysis and plans shall be submitted to the
City during the PUD process, at the times specified in
this Section of this Chapter.
�.i
(1) General Concept Stage:
a. General Information:
1. The landowner's name and address and their
interest in the subject property.
2. The applicant's name and address if different
from the landowner.
3. The names and addresses of all professional
consultants who have contributed to the
development of the PUD plan being submitted,
including attorney, land planner, engineer,
and surveyor.
4. Evidence that the applicant has sufficient
control over the subject property to
effectuate the proposed PUD, including a
statement of all legal, beneficial, tenancy
and contractual interests held in or
affecting the subject property and including
an up-to-date certified abstract of title or
registered property report, and such other
evidences as the City Attorney may require to
show the status of title or control of the
subject property.
b. Present Status:
1. The address and legal description of the
subject property.
2. The existing zoning classification and
present use of the subject property and all
lands within one thousand (1,000) feet of the
subject property.
3. A map depicting the existing development of
the subject property and all land within one
thousand (1,000) feet thereof and indicating
the location of existing streets, property
lines, easements, water mains and storm and
sanitary sewers, with invert elevations on
and within one hundred (100) feet of the
subject property.
C. A written statement generally describing the
proposed PUD and the market which it is intended
to serve, and its demand showing its relationship
to the Comprehensive Plan and how the proposed PUD
is to be designed, arranged and operated in order
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to permit the development and use of neighboring
property in accordance with the applicable
regulations and the Comprehensive Plan of the
City.
d. Site Conditions: Graphic reproductions of the
existing site conditions at a scale of one hundred
(100) feet.
1. Contours - minimum one-half (1/2) foot
intervals.
2. Location, type and extent of tree cover.
3. Slope analysis.
4. Location and extent of water bodies,
wetlands and streams and floodplains within
three hundred (300) feet of the subject
property.
5. Significant rock outcroppings.
6. Existing drainage patterns.
7. Vistas and significant views.
8. Soil conditions as they affect development.
All of the graphics should be the same scale as
the final plan to allow easy cross reference. The
use of overlays is recommended for clear
reference.
e. Schematic drawing of the proposed development
concept including but not limited to the general
location of major circulation elements, public and
common open space, residential and other land
uses.
f. Schematic drawing of resubdivision plans for the
proposed development, if any, in the event of
sanitary sewer availability.
g. A statement of the estimated total number of
dwelling units proposed for the PUD and a
tabulation of the proposed approximate allocations
of land use expressed in acres and as a percent of
the total project area, which -shall include at
least the following:
1.
Area devoted to
uses.
2.
Area devoted to
use by building type.
3.
Area devoted to
common open space.
4.
Area devoted to
public open space.
5.
Approximate area
devoted to streets.
6.
Approximate area
devoted to, and number of,
off-street parking
and loading spaces and
related access.
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h. When the PUD is to be constructed in stages during
a period of time extending beyond a single
construction season, a schedule for the
development of such stages or units shall be
submitted stating the approximate beginning and
completion date for each such stage or unit and
the proportion of the total PUD public or common
open space and dwelling units to be provided or
constructed during each such stage, and the
overall chronology of development to be followed
from stage to stage.
i. When the proposed PUD includes provisions for
public or common open space or service facilities,
a statement describing the provision that is to be
made for the care and maintenance of such open
space or service facilities.
j. General intents of any restrictive covenants that
are to be recorded with respect to property
included in the proposed PUD.
k. Schematic utilities plans indicating placement of
water, sanitary and storm sewers.
1. The City may excuse an applicant from submitting
any specific item of information or document
required in this stage, which it finds to be
unnecessary to the consideration of the specific
proposal for PUD approval.
M. The City may require the submission of any
additional information or documentation which it
may find necessary or appropriate to full
consideration of the proposed PUD or any aspect or
stage thereof.
(2) Development Stage: Development stage submissions
should depict and outline the proposed implementations
of the general concept stage for the PUD. Information
from the general concept stage may be included for
background and to provide a basis for the submitted
plan. The development stage submissions shall include
but not be limited to:
a. Zoning classification required for development
stage submission and any other public decisions
necessary for implementation of the proposed plan.
b. Eight (8) sets of preliminary plans, drawn to a
scale of not less than one inch equals one hundred
(100) feet or scale requested by the City and one
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(1) reduction (8 1/2" x 11") containing at least
the following information:
1. Proposed name of the development (which shall
not duplicate nor be similar in pronunciation
to the name of any plat theretofore recorded
in Wright County).
2. Property boundary lines and dimensions of the
property and any significant topographical or
physical features of.the property.
3. The location, size, use and arrangement
including height in stories and feet and
total square feet of ground area coverage and
floor area, of proposed buildings, and
existing buildings which will remain, if any.
4. Location, dimensions of all driveways,
entrances, curb cuts, parking stalls, loading
spaces and access aisles, and all other
circulation elements including bike and
pedestrian; and the total site coverage of
all elements.
5. Location, designation and total area of all
common open space.
6. Location, designation and total area proposed
to be conveyed or dedicated for public open
space, including parks, playgrounds, school
sites and recreational facilities.
7. Proposed lots and blocks, if any, and
numbering system.
8. Proposed resubdivision plan, if any, upon
availability of sanitary sewer service.
9. The location, use and size of structures and
other land uses on adjacent properties.
10. Detailed sketches and provisions of proposed
landscaping.
11. General grading and drainage plans for the
developed PUD..
12. Any other information that may have been
required by the City in conjunction with the
approval of the general concept plan.
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C. An accurate legal description of the entire area
within the PUD for which final development plan
approval is sought.
d. A tabulation indicating the number of residential
dwelling units and expected population.
e. A tabulation indicating the gross square footage,
if any, of'commercial and industrial floor space
by type of activity (e.g. drug store, dry
cleaning, supermarket).
f. Preliminary architectural "typical" plans
indicating use, floor plan, elevations and
exterior wall finishes of proposed buildings,
including mobile homes.
g. A detailed site plan, suitable for recording,
showing the physical layout, design and purpose of
all streets; easements, rights-of-way, utility
lines and facilities, lots, blocks, public and
common open space, general landscaping plan,
structure, including mobile homes and uses.
h. Preliminary grading and site alteration plan
illustrating changes to existing topography and
natural site vegetation. The plan should clearly
reflect the site treatment and its conformance
with the approved concept plan.
i. A preliminary plat prepared in'accordance with the
Subdivision Section of the City Code.
j. A Soil Erosion Control Plan acceptable to
watershed districts, Department of Natural
Resources, Soil Conservation Service, or any other
agency with review authority clearly illustrating
erosion control measures to be used during
construction and as permanent measures.
k. A statement summarizing all changes which have
been made in any document, plan, data or
information previously submitted, together will
revised copies of any such document, plan or data.
1. Such other and further information as the City
shall find necessary to a full consideration of
the entire proposed PUD or any stage thereof.
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M. The City may excuse an applicant from submitting
any specific item of information or document
'required in this Section it finds to be
unnecessary to the consideration of the specific
proposal for PUD approval.
(3) Final Plan Stage: After approval of a general concept
plan for the PUD and approval of a development stage
plan for a section of the proposed PUD, the applicant
Shall submit the following material for review by the
City prior to issuance of a building permit.
a. Proof of recording any easements and restrictive
covenants prior to the sale of any land or
dwelling unit within the PUD and of the
establishment and activation of any entity that is
to be responsible for the management and
maintenance of any public or common open space or
service facility.
b. All certificates, seals and signatures required
for the dedication of land and recordation of
documents.
C. Final architectural working drawings of all
structures.
d. A final plat and final engineering plans and
specifications for streets, utilities and other
public improvements, together with a
City/Applicant Agreement for the installation of
such improvements and financial guarantees for the
completion of such improvements.
e. Resubdivision plan, if any, upon availability of
sanitary sewer service.
f. Any other plan, agreements, or specifications
necessary for the City to review the proposed
construction. All work must be in conformance
with the Minnesota State Uniform Building Code.
509.4 PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT:
(1) General Processing Requirements: The PUD request shall
be processed according to Section 509 or Section 614 of
this Chapter as may be applicable, except as herein
modified.
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(2) Application Conference: Prior to filing of an'
application for PUD, the applicant of the proposed PUD
is encouraged to arrange for and attend a conference
with the City. The primary purpose of the conference
shall be to provide the applicant with an opportunity
to gather information and obtain guidance as to the
general suitability of the proposal for the area for
which it is proposed and its conformity to the
provisions of this Section before incurring substantial
expense in the preparation of plans, surveys and other
data.
(3) General Concept Plan:
a. Purpose: The General Concept Plan provides an
opportunity for the applicant to submit a plan to
the City showing the basic intent and the general
nature of the entire development without incurring
substantial cost. The following elements of the
proposed general concept plan represents the
immediately significant elements for City review
and comment.
1. Overall maximum PUD density range.
2. General location of major streets and
pedestrian ways.
3. General location and extent of public and
common open space.
4. General location of residential and non-
residential land uses with approximate type
and intensities of development.
5. Staging and time schedule of development.
6. Other special criteria for development.
b. Schedule:
1. The applicant shall file the concept stage
application, together with all supporting
data and filing fee as established by City
Council resolution.
2. Within forty-five (45) days after
verification by the City that the application
and required supportive material is completed
and adequate, the request shall be processed
in accordance with the applicable procedures
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and schedule as defined by Section 504 or.
Section 505 of this Chapter.
C. Optional Submission of Development Stage Plan: In
the case of single stage PUD's or where the first
stage of a multiple stage PUD is to begin
immediately, the applicant may initially submit
development stage plans and supportive material.
In such case, the City shall consider and act upon
such plans according to the applicable provision
of this Section.
d. Effect of Concept Plan Approval: Unless the
applicant shall fail to meet time schedules for
filing Development Stage and Final Plans or shall
fail to proceed with development in accordance
with the plans as approved or shall in any other
manner fail to comply with any condition of this
Chapter or of any approval granted pursuant to it,
a General Concept Plan which has been approved
shall not be modified, revoked or otherwise
impaired pending the application of Development
Stage and Final Plans by any action of the City
without the consent of the applicant.
e. Limitation on General Concept Plan Approval:
Unless a Development Stage Plan covering at least
ten (10) dwelling units or the area designated in
the General Concept Plan as the first stage of the
PUD, whichever is greater, has been filed within
six (6) months from the date City grants General
Concept Plan approval, or in any case where the
applicant fails to file Development Stage and
Final Plans and to proceed with development in
accordance with the provisions of this Chapter and
of an approved General Concept Plan, the approval
shall lapse. Upon request by the applicant, the
Council at its discretion may extend for
additional periods not in excess of six (6) months
each the filing deadline for any Development Stage
Plan, when, for good cause shown, such extension
is necessary.
(4) Development Stage:
a. Purpose: The purpose of the Development Stage
Plan is to provide a specific and particular plan
upon which the Planning Commission will base its
recommendation to the Council and with which
substantial compliance is necessary for the
preparation of the Final Plan.
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b. Submission of Development Stage: Upon approval of
the General Concept Plan, and within the time
established in Section 509.4(3)e above, the
applicant shall file with the City a Development
Stage Plan consisting of the information and
submissions required by Subdivision (2) of this
Section for the entire PUD or for one or more
stages thereof in accordance with a staging plan
approved as part of the General Concept Plan. The
Development Stage Plan shall refine, implement,
and be in substantial conformity with the approved
General Concept Plan.
C. Review and Action by City Staff and Planning
Commission:
1. Immediately upon receipt of a completed
Development Stage Plan, said plan shall be
referred to the following City staff and/or
official bodies for the indicated action.
A. The City Attorney for legal review of
all documents.
B. The City Engineer for review of all
engineering data and the City/Developer
Agreement.
C. The Building Official for review of all
building plans.
D. The Zoning Administrator or his agent
for review of all plans for compliance
with the intent, purpose and
requirements of this Chapter and
conformity with the General Concept Plan
and Comprehensive Plan.
E. The Planning Commission for review and
recommendation to the Council.
F. When appropriate, as determined by the
Zoning Administrator to other special
review agencies and governmental
jurisdictions.
2. The review and action by City staff and/or
official bodies so designated shall be
completed within ninety (90) days of the
receipt of a completed development stage
plan.
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d. Council Action: Within one hundred fifty (150)
days of the receipt of a completed Development
Stage Plan, the City Council shall act to deny or
approve the request.
e. PUD Enactment: Final approval of a PUD
conditional use permit or PUD zoning district map
amendment shall be considered granted only at the
time of Development Stage Plan approval by the
City Council.
f. Limitation on Development Stage Plan Approval:
Unless a Final Plan covering the area designated
in the Development Stage Plan as the first stage
of the PUD has been filed within six (6) months
from the date City Council grants Development
Stage Plan approval, or in any case where the
applicant fails to file Final Plans and to proceed
with development in accordance with the provisions
of this Chapter and/or an approved Development
Stage Plan, the approval shall expire. Upon
application by the applicant, the City Council, at
its discretion, may extend for not more than six
(6) months, the filing deadline for any Final Plan
when, for good cause shown, such extension is
necessary.
g. Site Improvements: At any time following the
approval of a Development Stage Plan by the City
Council, the applicant may, pursuant to the
applicable City Code provisions apply for, and the
City may issue, grading permits for the area
within the PUD for which Development Stage Plan
approval has been given.
(5) Final Plan:
a. Purpose: The Final Plan is to serve as a
complete, thorough and permanent public record of
the PUD and the manner in which it is to be
developed. It shall incorporate all prior
approved plans and all approved modifications
thereof resulting from the PUD process. It shall
serve in conjunction with other City Code
provisions as the land use regulation application
to the PUD. The Final Plan is intended only to
add detail to, and to put in final form, the
information contained in the Development Stage
Plan and shall conform to the Development Stage
Plan in all respects.
M,
b. Schedule:
1. Upon approval of the Development Stage Plan,
and within the time established in Section
509.4(4)f ofthis Section, the applicant
shall file with the City a Final Plan
consisting of the information and submissions
required in Subdivision D of this Section for
the entire PUD or for one or more stages.
This plan will be reviewed and approved or
denied by City staff.
2. Within thirty (30) days of its approval, the
applicant shall cause the Final Plan, or such
portions thereof as are appropriate, to be
recorded with the Wright County Recorder.
The applicant shall provide the City with a
signed copy verifying County recording within
forty (40) days of the date of approval.
C. Building and Other Permits: Except as otherwise
expressly provided herein, upon receiving notice
from the City that the approved Final Plan has
been recorded and upon application of the
applicant pursuant to the applicable City Code
provisions, the City may issue building and other
permits to the applicant, for development,
construction and other work in the area
encompassed by the approved Final Plan provided,
however, that no such permit shall be issued
unless the City is first satisfied that the
requirements of all codes and City Code provisions
in which are applicable to the permit sought, have
been met.
d. Limitation of Final Plan Approval: Within one
year after the approval of a Final Plan for PUD,
or such shorter time as may be established by the
approved development schedule, construction shall
commence in accordance with such approved plan.
Failure to commence construction within such
period shall, unless an extension shall have been
granted as hereinafter provided, automatically
render void the PUD permit and all approvals of
the PUD plan and the area encompassed within the
PUD shall thereafter be subject to those
provisions of this Chapter, and other City Code
provisions, applicable in the district in which it
is located. In such cases, the Council shall
forthwith adopt an ordinance repealing the PUD
permit and all PUD approvals and re-establishing
the zoning and other City Code provisions that
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would otherwise be applicable. The time limit
established may, at the discretion of the Council,
be extended for not more than one year.
e. Inspections During Development:
1. Compliance with Overall Plan: Following
Final Plan approval of a PUD, or a stage
thereof, the City shall, at least annually
until the completion of the development,
review all permits issued and construction
undertaken and compare actual development
with the approved development schedule.
2. If the City finds that development is not
proceeding in accordance with the approved
schedule, or that it fails in any other
respect to comply with the PUD plans as
finally approved, the City shall either by
ordinance revoke the PUD permit, and the land
shall thereafter be governed by the
regulations applicable in the district in
which it is located; or shall take such steps
as it shall deem necessary to compel
compliance with the Final Plans as approved;
or shall require the landowner or applicant
to seek an amendment to the Final Plan.
Section 3. The Otsego Zoning Ordinance, Section 614, is
hereby amended by deleting Sections 614.1 through 614.10 and
replacing it with the following:
614 Planned Unit Development District, PUD
614.1 PURPOSE: The purpose of the "PUD", Planned Unit
Development District is to provide for the integration
and coordination of land parcels as well as the
combination of varying types of residential, commercial
and industrial uses.
614.2 APPLICATION: All permitted, permitted accessory, or
conditional uses contained in Sections 603 through 610
of this Ordinance shall be treated as permitted uses
within a PUD District to eliminate the overlapping
procedural requirements of individual conditional use
provisions.
614.3 SPECIAL PROCEDURES: The establishment of a "PUD",
Planned Unit Development District shall be subject to
the amendment and procedure requirements as outlined in
Sections 504 and 505 of this Ordinance, plus the
procedures and conditions imposed by Section 509 of
this Ordinance.
Section 4. This Ordinance shall become effective
immediately upon its passage and publication.
ADOPED by the Otsego City Council this day of
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19.
CITY OF OTSEGO
By:
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NormW F. res e,
ATTEST:
By:
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