Sandstone City Zoning Code
COMMERCIAL PLANNED
DEVELOPMENT DISTRICT C-PUD
§ 163.245 PURPOSE.
(A) The purpose of the C-PUD classification is to encourage a more creative approach to the use of land. Departures from this chapter may be granted by the City Council in Planned Unit Development Overlay Districts.
(B) A C-PUD is allowable in some districts as a conditional use. Permission to develop specific parcels of land under the provisions which follow shall be binding on all construction.
(C) Any significant change in the development plan after approval by the City Council shall be resubmitted for consideration.
(D) To encourage innovations which produce efficient, high quality development in harmony with surrounding areas, the following regulations are set forth.
(Ord. 20210217-07, passed 2-17-2021)
§ 163.246 PERMITTED, ACCESSORY, INTERIM AND CONDITIONAL USES.
Permitted, accessory, interim and conditional uses in the C-PUD District shall consist of all permitted, accessory, interim and conditional uses that are allowed within the zoning district where the proposed planned unit development is to be located.
(Ord. 20210217-07, passed 2-17-2021)
§ 163.247 PERFORMANCE STANDARDS.
(A) The development shall be consistent with the Comprehensive Plan.
(B) All of the properties in the C-PUD shall be under the same ownership at the time of application. All properties within the C-PUD must be scheduled to be developed under the same ownership.
(C) The development plan must include provisions for the preservation of natural amenities.
(D) The C-PUD proposal must be in harmony with existing developments in the area surrounding the project site.
(E) The C-PUD must be comprised of at least ten acres of contiguous land.
(F) There must be a minimum of 20% of the gross land area within the C-PUD that is preserved for private or public open air recreational use. The open space calculation shall not include land used for streets, parking or private yards. The Planning Commission may specify which areas should be preserved or that are integral. The areas to be preserved must be protected by covenants running with the land or by conveyances or dedication.
(G) Spacing between main buildings and dedicated streets shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of this subchapter on separate parcels.
(H) Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the C-PUD under this subchapter.
(Ord. 20210217-07, passed 2-17-2021)
§ 163.248 PROCEDURES.
(A) Pre-application conference. Before submitting an application for a C-PUD, an applicant must confer with the city planning staff in order to obtain information and guidance before the applicant incurs expenses in the preparation of plans, surveys and other data.
(B) Outline development plan. An applicant shall first submit to the city for approval a development concept plan of the C-PUD. The concept plan shall include the following information:
(1) A map (which may be in schematic form) containing the following information:
(a) The existing topographic character of the site;
(b) A composite of all natural amenities of the site including any steep slopes, drainage ways, marshes, ponds and lakes;
(c) The size of site and proposed use of the land to be developed and an identification of surrounding land uses;
(d) The allocation of density to the several parts of the development;
(e) The approximate location of any right-of-way; and
(f) The location of the proposed open space including parks, playgrounds and private natural preserves.
(2) A statement of the ownership of all land involved in the C-PUD together with a summary of the previous work experience of the developer;
(3) An explanation of the general character of the C-PUD;
(4) A general indication of the expected time schedule of development;
(5) A statement describing the ultimate ownership and maintenance of all parts of the C-PUD including streets, structures and open space;
(6) A statement describing how all necessary utilities and governmental services will be provided to the development; and
(7) A certified check or money order in an amount set forth by § 36.02 of this code of ordinances for the application fee. Additional costs incurred by the city to process the application will be billed to the owner/developer by the city.
(C) Outline development plan review process.
(1) The Planning Commission shall review the outline development plan and forward it to the City Council with a written staff report recommending that the plan be disapproved, approved or approved with modifications, and giving reasons for these recommendations.
(2) Upon receipt of the Planning Commission’s recommendations, a public hearing shall be held by the City Council on the plan. The City Council may continue the hearing or refer the matter back to the Planning Commission for further study. Upon conclusion of the public hearing, the City Council shall approve, disapprove or approve the plan with modifications and send a copy of its decision to the applicant.
(3) Refusal by the applicant of any modification may constitute denial of the plans by the City Council. Failure by the applicant to notify the City Council of applicant’s acceptance or refusal of the proposed modification to the outline development plan may constitute acceptance of the modifications. No building permits will be issued for the C-PUD until the final plans for the development have been approved by the City Council under the procedures set forth in the following provisions.
(D) Preliminary development plan approval.
(1) Following the approval of an outline development plan by the City Council, the applicant may file a preliminary development plan with the city. The Planning Commission will review the preliminary development plan after it has given public notice to the following persons:
(a) Any person who is on record as having appeared at the public hearing on the outline development plan;
(b) Any other person who has indicated to the city in writing that they wish to be notified; and
(c) All property owners within 350 feet of the property designated to be developed.
(2) In the event the preliminary development plan is not in substantial compliance with the outline development plan, the city must notify the applicant. The city’s notice must set forth the ways in which the preliminary development plan is not in substantial compliance.
(3) If the applicant does not respond to the notice from the city and does not alter the preliminary development plan, the plan may be denied by the City Council.
(4) If the applicant is not in agreement with the city’s notice, the applicant may file a written request that the Planning Commission hold a public hearing on the preliminary development plan. After holding the public hearing, the Planning Commission shall make a recommendation to the City Council for approval, denial or approval with modifications. The City Council shall then review the preliminary development plan and act on the Planning Commission’s recommendation.
(E) Final development plan approval.
(1) Within six weeks following approval of the preliminary development plan by the City Council, the applicant shall file with the city a final development plan containing in final form all of the information required in the preliminary development plan. In its discretion and for good cause, the City Council may extend for six months the period for the filing of the final development plan upon the request of the applicant.
(2) The City Council shall review the final development plan in order to make certain that it is in substantial compliance with the preliminary development plan. If the final development plan is in substantial compliance with the preliminary development plan, the City Council may approve it. Following approval, the applicant must record the final development plan in the manner provided for recording subdivision plats. If the final development plan is found by the City Council to not be in substantial compliance, the applicant must repeat the procedures outlined for the preliminary development plan.
(F) Findings. The findings of the City Council necessary for approval of both the preliminary and final development plan shall be based on the following:
(1) The plan does not conflict with the Comprehensive Plan;
(2) The plan is designed to form a desirable and unified development within the development’s own boundaries;
(3) The proposed uses will not be detrimental to present and future land use in the surrounding area;
(4) Any exceptions to the requirements of the zoning and subdivision codes are justified by the design of the development; and
(5) The planned unit development will not create an excessive burden on parks, schools, streets and other public facilities and utilities, which serve or are proposed to serve the planned unit development.
(Ord. 20210217-07, passed 2-17-2021)
§ 163.249 AMENDMENT AND CONTROL.
(A) The City Council on the final development plan shall certify approval of the C-PUD. Thereafter, the use of land and the construction, modification or alteration of any buildings in the planned unit development shall be governed by the approved final development plan. Amendments may be authorized only under the procedures provided below.
(B) Amendments to an approved planned unit development may be made when they are shown to be required by changes in conditions that have occurred since the final development plan was approved or by changes in the development policies of the city.
(1) The city’s Zoning Administrator may authorize minor changes in the location, siting and height of buildings and structures if caused by unforeseen circumstances. The changes must be consistent with the intent and purpose of the final development plan and must not increase the size of any building or structure by 10% or more than originally proposed in the preliminary development plan.
(2) All other changes in the use and rearrangement of lots, blocks and open space or the replacement of any building substantially destroyed must be authorized by the City Council pursuant to the procedures outlined for amendment of this chapter.
(Ord. 20210217-07, passed 2-17-2021)
§ 163.250 CONFLICT.
The land use, minimum lot area, yard, height and accessory uses determined by these C-PUD requirements shall prevail over conflicting requirements listed elsewhere within this zoning code or in the subdivision regulations, with the exception of the Kettle River Wild and Scenic River Overlay District and the General Shoreland Overlay District regulations.
(Ord. 20210217-07, passed 2-17-2021)