All development in the northwest area overlay district shall be pursuant to an approved final PUD plan, except as allowed in subsection 10-13J-3B of this article. The procedures and regulations set forth in article A of this chapter (planned unit development district) shall apply unless specifically addressed in this section. The following subsections are hereby deemed to be requirements for all PUDs in the northwest area overlay district unless exceptions as part of a PUD are otherwise approved by the city council based on the project's ability to protect public safety, the purpose and intent of this article as outlined in section 10-13J-2 of this article, and the purpose and intent as outlined in section 10-13A-1 of this chapter. The city council must also determine that the exceptions are consistent with the goals, policies, and plans of the city comprehensive plan, including future land uses, utilities, streets and parks; the exceptions are generally compatible and would not be materially injurious to existing or future uses of surrounding properties; and the exceptions do not have an undue adverse impact on existing or planned city facilities and services, including streets, utilities, parks, police and fire and the reasonable ability of the city to provide such services in an orderly, timely manner.
A. Minimum Area: There is no minimum required site size for a PUD in the northwest area overlay district. However, all land in the PUD must be contiguous unless specifically approved otherwise by the city council based on the criteria identified in this section.
B. Ownership: The tract of land may be held in single and separate ownership or in multiple ownerships. However, when a tract is held in multiple ownerships, it shall be planned as a single entity with common authority and common responsibility as demonstrated through all property owners being signatories on the PUD application.
C. Bulk Standards:
1. All perimeter setbacks of a PUD shall conform to the setbacks of the underlying zoning district. Property in a PUD shall conform to the bulk standards established in table 13J-1 of this section
2. Except as provided in table 13J-1 of this section, all other setbacks of a PUD shall conform to the setbacks of the underlying zoning district.
City of Inver Grove Heights3. Table 13J-1:
TABLE 13J-1
DENSITY AND BULK STANDARDS
Density1 | Front Yard Setbacks2 | Side Yard | Impervious Surface Coverage3 | Building Coverage | Building Height | ||
Use (correlates with underlying zoning district as specified below) | Minimum | Minimum | Maximum | Minimum Structure Separation4 | Maximum Coverage | Maximum Coverage | Maximum Per Lot |
Density1 | Front Yard Setbacks2 | Side Yard | Impervious Surface Coverage3 | Building Coverage | Building Height | ||
Use (correlates with underlying zoning district as specified below) | Minimum | Minimum | Maximum | Minimum Structure Separation4 | Maximum Coverage | Maximum Coverage | Maximum Per Lot |
Residential | |||||||
Single-family (correlates with R-1C) | 2 units/acre | 20 feet | 30 feet | 20 feet | 25 percent | None | 35 feet |
Two-family/twin home (correlates with R-2) | 3 units/acre | 20 feet | 30 feet | 20 feet | 30 percent | None | 35 feet |
Multi-family (< 4 unit buildings) (correlates with R-3A) | 5 units/acre | 20 feet | 30 feet | 20 feet | 35 percent | 20 percent | 35 feet |
Multi-family (4 to 7 unit buildings) (correlates with R-3B) | 8 units/acre | 20 feet | 30 feet | 20 feet | 55 percent | 20 percent | 56 feet |
Multi-family (7+ unit buildings) (correlates with R-3C) | 12 units/acre | 20 feet | 30 feet | 20 feet | 65 percent | 20 percent | 70 feet |
Commercial | |||||||
Retail (correlates with B-2, B-3 or B-4) | 0.25 FAR | 10 feet | 30 feet | 20 feet | 70 percent | 25 percent | 50 feet |
Neighborhood office (correlates with B-1) | 0.25 FAR | 10 feet | 30 feet | 20 feet | 70 percent | 25 percent | 50 feet |
Office PUD and other office (correlates with B-1 or OFFICE-PUD) | 0.25 FAR | 30 feet | 40 feet | 20 feet | 70 percent | 30 percent | 100 feet |
Industrial (correlates with I-1, I-2 or IOP) | 0.25 FAR | 30 feet | n/a | 20 feet | 70 percent | 40 percent | 60 feet |
Mixed Use | As defined through the final PUD plans as approved by the city council | ||||||
Notes:
1. Maximum density is calculated based on net developable area (see section 10-13A-6 of this chapter and subsection E of this section). However, in no instance shall the density exceed that established for the property in the city comprehensive plan, and such density limits are incorporated by reference and hereby made a part of this article. The comprehensive plan refers to gross density. The northwest area overlay refers to net density as described in subsection E2b of this section.
2. Rear yard setbacks shall follow the underlying zoning district setback standards.
3. Impervious surface percentages shall be applied to the whole project during planning stages. The PUD shall establish a standard for each individual lot regulated during the permitting process.
4. In no instance may a building (principal or accessory) lie within an area of the lot encumbered by an easement.
D. Natural Area/Open Space:
1. An amount of land equal to at least twenty percent (20%) of the net developable area within the PUD shall be preserved as natural area/open space, which may include greenways as shown in the "City Of Inver Grove Heights Natural Resources Inventory And Management Plan" (Bonestroo Rosene Anderlik & Associates, 2004).
2. Natural area/open space shall be designated in the following priority order:
a. The first priority is to protect slopes of twenty five percent (25%) or greater in those subwatersheds that have a significant portion of their drainage area (30 percent or more) covered in slopes of twenty five percent (25%) or greater. The following subwatershed districts have thirty percent (30%) or more of the developable area covered by slopes greater than twenty five percent (25%): BP-032, EP-016e, EP-016g, EP-025b, EP-027d, EP-027f, EP-035b, EP-049b, EP-049e, SP-17 and SP-29 as identified in the "Northwest Quadrant Hydrologic & Hydraulic Analysis", completed by Emmons & Oliver Resources in 2004.
b. The second priority is to incorporate public trails or public open space designated in the comprehensive plan. This would be in addition to any land that would be used to satisfy the public park dedication requirement found in the city subdivision ordinance, title 11 of this code.
c. The third priority for natural area/open space designation is the protection of natural features such as slopes of twenty five percent (25%) or greater, and environmentally sensitive areas and scenic features of the site identified as manage 1 or 2 resources or priority sites in the "City Of Inver Grove Heights Natural Resource Inventory And Management Plan For The Northwest Expansion Area" (Bonestroo Rosene Anderlik & Associates, 2004).
d. The fourth priority is to create natural area/open space in and around neighborhoods. This priority is satisfied by providing continuity of adjacent natural area/open space corridors or parkways; network of interconnected natural area/open space corridors; or buffers between incompatible or conflicting land uses.
3. At least seventy five percent (75%) of the required natural area/open space shall be contiguous with no portion less than one hundred feet (100') wide, unless otherwise approved by the city council based on the criteria identified in this section.
4. At least fifty percent (50%) of the required natural area/open space shall be maintained in a natural, undisturbed condition with native vegetation and shall not be graded or improved with any building, structure or other impervious surface, except: a) public utilities; b) limited access in the form of a paved walking or hiker/biker path, the total impervious area of which shall not be more than two percent (2%) of the total required natural area/open space; and c) unless otherwise approved by the city council based on the criteria identified in this section.
5. The remaining fifty percent (50%) of designated required natural area/open space may be used for passive or active recreation, public or private utilities or the location of storm water management features. If used for active recreation, impervious cover shall not exceed five percent (5%) of the remaining area. The remaining fifty percent (50%) of designated required natural area/open space may be graded.
6. The entire area set aside for natural area/open space shall be maintained in perpetuity. This restriction shall run with the land and be binding on successors and assigns of the landowner.
7. The boundaries of designated natural area/open space and recreation areas shall be clearly delineated on the approved final PUD plans. These areas shall be delineated in the field with signage approved by the city.
8. The designated natural area/open space may be owned and managed by one or more of the following:
a. Property owner, provided either: 1) the deed to each lot includes a proportionate share of the natural area/open space or common facilities; or 2) an easement for the natural area/open space is provided for the benefit of the lots in the subdivision.
b. Homeowners' association, provided all of the following conditions are met:
(1) The homeowners' association must be established prior to filing of any plats.
(2) Membership must be mandatory for each owner and any successive buyer.
(3) The association must be responsible for liability insurance, local taxes and maintenance of the natural area/open space.
(4) Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Minnesota statutes.
(5) The association must be able to adjust the assessment to meet changed needs.
c. Third party (nonprofit) organization whose primary purpose is to hold or manage the natural area/open space, subject to a reversionary clause in the event of dissolution of the nonprofit organization.
d. Dedicated to the city, if the city council determines there is a demonstrated public need.
9. The maintenance of the natural area/open space shall be the responsibility of one of the entities identified in subsection D8 of this section. Public storm water or utility improvements may be located within a portion of the natural area/open space, as specified in subsections D4 and D5 of this section, in which case, the city shall be responsible for maintenance of that portion of the natural area/open space.
10. Authorized representatives of the city may conduct inspections at any reasonable time to ensure proper maintenance of such areas and/or to respond to citizen complaints.
11. The legal instrument creating the restrictions, easements and covenants in the natural area/open space shall be subject to approval by the city, and the instrument recorded with the county shall state that the restrictions, easements and covenants shall not be terminated or altered without the written consent of the city. The legal instrument creating the restrictions, easements and covenants in the natural area/open space shall be enforceable by the city, and the documents shall recite the city's right of enforcement.
12. If the property to be subdivided contains natural resources identified as manage 1 or 2 resources or priority sites in the "City Of Inver Grove Heights Natural Resource Inventory And Management Plan For The Northwest Expansion Area" (Bonestroo Rosene Anderlik & Associates, 2004), the city council may, at its discretion, require the manage 1 or 2 resource or priority site to be encumbered with a conservation easement to the public. Said conservation easement would include at least the following provisions:
a. No vegetation shall be removed or mowed from the easement area, except for invasive vegetation species when removed according to a plan approved by the city.
b. No private structures may be placed within the easement area.
c. No grading shall be allowed, except as approved with the final planned unit development plan, or subsequent city approved amendments thereto.
d. No gardening shall be permitted within the easement area.
e. Public utilities shall be permitted within the easement area.
E. Development Capacity Plan Required:
1. A development capacity plan shall be prepared by the developer as part of the preliminary development plan for every residential project. The intent of the development capacity plan is to determine the total number of units that could be developed on the site according to the underlying zoning district regulations which may be established through the sketch plan process. The total unit count determined through the development capacity plan shall then become the maximum number of units permitted under the northwest area overlay district regulations. The total number of units for the overall project shall not exceed the density as establish through the comprehensive plan.
2. Calculation of the total number of permitted residential units shall be determined in the following manner:
a. Step 1: Determine the total net developable area (in acres) per the definition of "net developable area" as found in section 10-2-2 of this title.
b. Step 2: Divide the developable area determined in step 1 above by the minimum lot area as established for the applicable underlying zoning district and found in chapter 9, articles A and B and sections 10-9C-1, 10-9C-2 and 10-9C-3 of this title. The result is the total number of units that could be developed on the site in the underlying zoning district. The total number of units divided by the net developable area equals the net density of the site.
c. Step 3: The total number of units determined in step 2 above shall be the maximum number of units permitted under this article.
F. Allowed Uses:
1. Except those uses identified in subsection G of this section as interim uses, all permitted, conditional, and accessory uses, as defined, regulated and administered for the underlying zoning districts, shall continue and remain in effect within the northwest area overlay district. If a final PUD plan is approved by the city council, the underlying zoning for the subject property shall be amended according to the approved PUD plan, though the overlay district shall remain the northwest area overlay district. The permitted uses shall then be those found in the amended underlying zoning district. PUD developments in the northwest area overlay district are allowed to have an increased mixture of housing types, provided that the provisions of this article are met. Table 13J-2 of this section identifies which uses are permitted and the maximum percentage of the total development units which can be of that housing type. The total number and location of housing units and housing types for a specific property shall be established by the city council at the time of final PUD plan approval for that specific property. The location and number of housing units approved on the final PUD development plan shall not be altered without approval of the city council.
TABLE 13J-2
MAXIMUM PERCENTAGE MIX OF USES BY DISTRICT
Zoning District (Percentages Represent Maximums) | |||||
Uses | R-1C | R-2 | R-3A or R-3B | R-3C | MU-PUD |
Single-family dwellings | 100 percent | 100 percent | 10 percent | 10 percent | 10 percent |
Twin homes/two-family dwellings | 30 percent | 100 percent | 30 percent | 10 percent | 15 percent |
Multiple dwelling unit building (4 or fewer units) | 10 percent | 30 percent | 100 percent | 40 percent | 100 percent |
Multiple dwelling unit building (5+ units) | 0 percent | 0 percent | 50 percent | 100 percent | 100 percent |
Note: The percentages in the above table represent the total maximum percent of units allowed by unit type or use in each district. For example, in the R-1C district, up to 30 percent of the total units in the proposed PUD may be twin homes or two-family dwellings, or alternatively, the entire PUD could consist of all (100 percent) single-family housing.
2. Within the overlay district, multiple dwelling units, including townhouses, shall be a permitted use, provided they follow the performance standards as specified in chapter 15 of this title (specifically those in articles B and C), those specified in this article, the requirements of the underlying zoning districts, and the approved final PUD plans.
G. Interim Uses:
1. Purpose And Intent: The northwest area overlay district is envisioned to develop at urban development densities over the next twenty (20) or more years. The premature development of this area in an estate type development pattern (large residential lots with sizes of 21/2 to 5 acres with private sanitary sewer systems and private wells) presents challenges to the efficiency and coherency of future development. In addition to rural development patterns, rural uses (boarding of horses, agriculture, etc.) that are incompatible with urban development will also pose challenges to the orderly development of the northwest area planned unit development overlay district. Consequently, it is the purpose of this subsection to establish interim uses that are appropriate to the northwest area overlay district while preserving the reasonable use of private property.
2. Uses Requiring Interim Use Permit: Regardless whether the following uses are permitted or conditional uses in the underlying A agricultural zoning district, the following uses shall be considered interim uses in the northwest area overlay district and shall require approval of an interim use permit by the city council pursuant to the procedures established in chapter 14 of this title:Agriculture buildings.Commercial greenhouse/nurseries.Commercial horse stables.Commercial kennels.
H. Storm Water Management 1 :
1. Design: All development in the northwest area overlay district shall be designed such that storm water runoff is managed on site within the planned unit development to match predevelopment runoff, as demonstrated by matching predevelopment and postdevelopment runoff volume for the 5-year, 24-hour event. The storm water system shall also have managed overflows to the regional system of natural depressions such that the storm water rainfall/runoff for a 100-year event is safely transported. Contingencies for emergency overflows at least one foot (1') below the lowest structure shall be provided.
a. For any proposed PUD development, the developer shall submit a storm water management plan which contains supporting computations, drawings and sufficient information describing the manner, location and type of measures in which storm water runoff will be managed from all phases of the PUD development. The developer shall also submit soil borings for the site including proposed storm water infiltration areas.
b. The storm water management plan shall be prepared by an individual whose qualifications are acceptable to the city. The city may require that the design be prepared by a professional licensed in the state of Minnesota as necessary to protect the public or the environment.
c. Storm water management plans shall use one or more of the following features to address on site storm water management. These measures shall be designed in accordance with the most recent version of the "City Of Inver Grove Heights Stormwater Manual" which is incorporated by reference into this article.
The performance criteria specified in the "City Of Inver Grove Heights Stormwater Manual" shall be considered when selecting the appropriate management features such as:
(1) Infiltration rainwater gardens (encumbered by public easement and maintained by the city).
(2) Vegetated swales (encumbered by public or private easement and maintained by the city or private parties, as approved by the city, together with the final PUD plans and storm water management plan).
(3) Parking lot bioretention (encumbered by a private easement if found necessary by the city and maintained by private parties).
(4) Infiltration basins/trenches (encumbered by public or private easement and maintained by the city or private parties, as approved by the city, together with the final PUD plans and storm water management plan).
(5) Disconnection of impervious surfaces, e.g., diverted roof leaders, rain barrels, permeable pavement. (These features are to be encumbered by a private easement if found necessary by the city and maintained by private parties.)
(6) Green roofs (private maintenance).
(7) Other low impact development (LID) techniques.
d. Storm water management plans will stage construction and specifically address temporary erosion and sediment control measures to preserve the infiltration capacity of proposed on site and regional storm water management features to ensure that such features are not impaired at conclusion of construction.
e. Storm water easements over those storm water management features that the city chooses to maintain shall be provided by the property owner for access, facility inspections, replacements, and public maintenance. The easements shall be fully executed and submitted to the city prior to the release of the final plat from city offices for recording by the county.
f. Covenants and/or maintenance agreements found acceptable to the city relating to all storm water management features not to be maintained by the city shall be provided by the property owner. The covenants and/or maintenance agreements shall be fully executed and submitted to the city prior to the release of the final plat from city offices for recording by the county.
g. The legal instrument creating the restrictions, easements and covenants governing privately maintained storm water management facilities shall be subject to approval by the city, and the instrument recorded with the county shall state that the restrictions, easements and covenants shall not be terminated or altered without the written consent of the city. The legal instrument shall be enforceable by the city, and the document shall recite the city's right of enforcement.
h. Final design of the storm water management plan shall be approved by the city council and shall be filed in the chain of title for each property that lies within the planned unit development. A condition of approval shall be that the landowner shall enter into a license contract with the city allowing authorized representatives from the city to conduct inspections on a regular basis at any reasonable time to assure the safe and proper functioning of the private storm water management features and/or to respond to citizen concerns. The license contract shall also permit authorized representatives of the city to enter upon the private property for the purpose of correcting or maintaining any private storm water management feature approved as a part of the storm water management plan if, after proper and reasonable notice by the city to the landowner, the landowner has not corrected or maintained the storm water management feature to the standards established in the approved storm water management plan, the most recent version of the "City Of Inver Grove Heights Stormwater Manual" and/or this article. Moreover, the license contract shall permit the city to certify the costs of the maintenance/correction to the taxes for the subject private property.
2. Ownership:
a. The boundaries of storm water management features shall be clearly delineated on all plans, including final PUD plans, preliminary plats and final plats.b. The designated storm water management features may be owned by one or more of the following:
(1) Property owner, provided the deed to each lot includes a proportionate share of the storm water management features.
(2) Homeowners' association, provided all of the following conditions are met:
(A) The homeowners' association must be established prior to any sale.
(B) Membership must be mandatory for each owner and any successive buyer.
(C) The association must be responsible for liability insurance, local taxes and maintenance of the storm water management features.
(D) Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with Minnesota statutes.
(E) The association must be able to adjust the assessment to meet changed needs.
(3) Third party (nonprofit) organization whose primary purpose is to hold or manage the stormwater management features, subject to a reversionary clause in the event of dissolution of the nonprofit organization.
(4) The city will accept ownership by easement of the stormwater management features, including rainwater gardens, when the features serve as a part of the larger regional or neighborhood stormwater management needs as defined by the "Northwest Quadrant Hydrologic & Hydraulic Analysis" completed by Emmons & Olivier Resources in 2004 or the "Northwest Area Alternative Urban Areawide Review" prepared by Bonestroo, Rosene, Anderlik & Associates in 2005. The city will not accept ownership of such features as downspouts, cisterns, green roofs, parking lot bioremediation or other such systems or features interior to the parcel.
3. Maintenance:
a. Maintenance of all stormwater features encumbered by public easements as described in subsection H1e of this section shall be the responsibility of the city according to the measures outlined in the most recent version of the "City Of Inver Grove Heights Stormwater Manual".
b. All stormwater features that are not encumbered by public easements as described in subsection H1e of this section shall be maintained according to the covenants and/or maintenance agreements approved by the city pursuant to subsection H1f of this section, the stormwater management plan approved by the city with the planned unit development, the development contract approved by the city, together with the planned unit development, and the "City Of Inver Grove Heights Stormwater Manual" plans. (Ord. 1148, 5-29-2007)
4. Inspections:
a. Authorized representatives of the city may conduct inspections at reasonable times throughout the construction process to meet the specifications in the "City Of Inver Grove Heights Stormwater Manual" and the stormwater management plan approved by the city, together with the planned unit development plans. (Ord. 1148, 5-29-2007; amd. 2008 Code)
b. Authorized representatives from the city may conduct inspections on a regular basis at any reasonable time to assure the safe and proper functioning of the features and/or to respond to citizen concerns. (Ord. 1148, 5-29-2007)
5. Stormwater Manual Adopted: All the contents, provisions and terms of the "Inver Grove Heights Northwest Area Stormwater Manual", dated July 2006, prepared by Emmons & Olivier Resources, are hereby adopted and made a part of this code. The adoption of said stormwater manual includes adoption of all the chapters and appendices thereof. The stormwater manual is fully incorporated by reference. For the convenience of the public, the stormwater manual shall be kept in a book separate from this title so that the stormwater manual may be more easily distributed and made available for public inspection. The contents, provisions and terms of the stormwater manual shall constitute this subsection H5. (Ord. 1148, 5-29-2007)
a. Amendment: The definition of impervious surface contained in appendix C of the "Inver Grove Heights Northwest Area Stormwater Manual" dated July 2006, prepared by Emmons & Olivier Resources, as codified in subsection H5 of this section, is hereby amended to read as follows:Impervious Surface. The term impervious surface, for purposes of the Inver Grove Heights Northwest Area Stormwater Manual, shall have the same meaning as that term is defined by Inver Grove Heights city code section 10-2-2. (Ord. 1180, 9-8-2008)
I. Procedures:
1. Sketch Plan: Preparation of a sketch plan by the developer is strongly encouraged. Given the site design complexities of the northwest area overlay district, a sketch plan should be prepared and submitted for each development. Without a thoroughly prepared sketch plan, the likelihood increases that the preliminary development plan application will be found inadequate by the city. The sketch plan should be prepared following the submittal requirements outlined in subsection 11-2-5A of this code. In addition, the sketch plan should include the following elements: a) a preliminary stormwater management concept should be provided in outline format identifying desired techniques for the development proposal based upon the "City Of Inver Grove Heights Stormwater Manual"; b) identification of the natural resources as included within the "City Of Inver Grove Heights Natural Resource Inventory And Management Plan For The Northwest Expansion Area" (Bonestroo, Rosene, Anderlik & Associates, 2004); c) a conceptual development capacity plan as described in subsection E of this section; and d) a conceptual scaled natural area/open space plan identifying all natural area/open spaces as required in subsection D of this section. The sketch plan should be prepared and presented to city staff thirty (30) days prior to submittal of the preliminary PUD plan.
2. Preliminary Development Plan: A preliminary development plan shall be prepared and submitted by the developer. It shall include: a) a preliminary plat prepared pursuant to subsection 11-2-5B of this code; b) a preliminary PUD development plan prepared pursuant to subsection 10-13A-11
A of this chapter; c) a stormwater management plan consistent with the "City Of Inver Grove Heights Stormwater Manual" and consistent with the stipulations provided in subsection H of this section; d) a development capacity plan as described in subsection E of this section; and e) a scaled natural area/open space plan identifying all natural area/open spaces as required in subsection D of this section.
3. Final Development Plan: A final development plan shall be prepared and submitted by the developer. It shall include: a) a final plat prepared pursuant to subsection 11-2-5C of this code; b) a final PUD development plan prepared pursuant to subsection 10-13A-11
B of this chapter; and c) the final development plans in the northwest area overlay district shall follow the procedures outlines in section 9-5-6 of this code. No physical alteration or improvement of the property may commence until after the final development plan and development contract are approved by the city council, except that site grading may begin earlier if the city council approves a land alteration permit for the grading. The location and number of units approved in the final plan shall not be altered without approval of the council through an amendment process. (Ord. 1148, 5-29-2007)
Notes
| 1 | 1. See also title 9, chapter 5 of this code. |