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City of New Germany Ordinance 77 - Zoning Districts

ORDINANCE NO. 77

AN ORDINANCE AMENDING ORDINANCE NO. 38A CITY OF NEW GERMANY ZONING ORDINANCE

The City Council of the City of New Germany ordains as follows:

SECTION I. Chapter 4 Zoning Districts of Ordinance No.38A is amended by adding the following subdivision:

Subd. 3 Planned Unit Development

A. Purpose and Process

A Planned Unit Development (PUD) is a subdivision process established to allow variation from traditional development standards identified in this Ordinance and the New Germany Subdivision Ordinance. The process is intended to allow flexibility in the development process in exchange for creative design alternatives, greater variety and innovation in land uses and structural appearances, larger expanses of parks and open spaces or greater cash contributions in lieu of land dedication, more extensive landscaping and higher protection of natural features and unique resources.

A PUD shall not be misconstrued solely as a mechanism to waive requirements of this Ordinance. A PUD must be determined to be in the interest of and protect the health, safety and general welfare of the public. A PUD must be consistent with the Comprehensive Plan and the general intent of this Ordinance. A PUD may consist of multiple zoning classifications, necessary to permit approved underlying uses.

The PUD process may be used to allow infill development or development of smaller parcels contiguous with existing developed areas of the City, where it may be appropriate to match existing lot and block patterns, street corridors and other existing conditions. In instances of infill development, particularly smaller parcels, creative design emphasis shall be placed on architectural controls, landscaping and neighborhood compatibility, rather than subdivision design or the creation of large open spaces or common areas.

The PUD provision is not intended allow increases in development density. Allowable density shall be based upon a concept development layout using conventional land area requirements for each proposed use. Dimensional variations for a resulting PUD sketch plan may include deviation from the following conventional standards:

1. Lot width.

2. Lot depth.

3. Lot area (provided the combination of total usable common areas and private property areas is equal to the conventional lot area requirement times the number of lots).

4. Street setback (provided no required parking areas encroach on public rights-of-way or within a private street or access area).

5. Internal side yard setback (the minimum structure separation shall be 20 feet or the height of the structure, whichever is greater; except yards on the perimeter of the development shall meet underlying district standards).

6. Internal rear yard setback (the maximum variation shall be 15 %, except yards on the perimeter of the development shall meet underlying district standards).

7. Street right-of-way width.

B. Sketch Plan

The process to review and approve a PUD shall be comparable to the platting process and shall include all platting documentation in addition to PUD documentation. A sketch plan shall be required to initiate the formal review process. The sketch plan shall identify unique conditions that warrant consideration of the PUD process, a sketch plan illustrating the density of the development by conventional development standards, a description and illustration of the dimensional variations that are requested and special design features and innovations of the PUD.

C. Concept PUD

A Concept PUD shall illustrate the conceptual development patterns for the entire site controlled by the subdivider. The Concept PUD shall include details sufficient for preliminary plat review and approval. Submittal requirements shall include the rationale for utilizing the PUD process, identification of the ordinance requirements or standards which may be subject to waiver or variation, the special features of the development which qualify it as a PUD, a written narrative of the proposed development and all other requirements of the preliminary platting process. A public hearing, Planning Commission recommendation and City Council approval are required for all Concept PUDs. Approval of a Concept PUD shall constitute approval of a preliminary plat.

D. Final PUD

A Final PUD must be prepared, consistent with the conditions of the Concept PUD, for review and approval by the Planning Commission and City Council. The Final PUD must include the entire site controlled by the subdivider and include final plat requirements for all or a portion of the entire development site, consistent with the approved Concept PUD and preliminary plat. In addition, the Final PUD shall include:

1. Zoning classification(s) requested.

2. Site plans illustrating lot dimensions, minimum structure setbacks, easements, parks, trails, sidewalks, common open spaces, preservation areas, parking configurations and landscaping.

3. Density and building area computations.

4. Preliminary architectural styles for each building type, including but not limited to floor plan, building elevations, unit relationships, building materials and accessory uses.

5. Development phasing and construction/occupancy schedules.

6. Covenants, restrictions and financial assurances required for the maintenance and operation of attached residential units, common areas, joint facilities, private streets (if permitted) and permanent open spaces.

7. Development Contract.

SECTION II. Ordinance No. 77 was adopted December 3, 2002 and shall become effective upon publication in the official newspaper.

ATTEST: Paul Engelhart, Mayor

Shelly Quaas, Clerk


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