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3. Discuss PUD Process and Requirements0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Planning Commission FROM: Kate Aanenson, Community Development Director , DATE: January 17, 2012 A . SUBJ: Potential Code Amendments: Planned Unit Developments BACKGROUND After the recent review using concept Planned Unit Development, staff proposes to revisit and potentially revise the Planned Unit Development (PUD) ordinance to more closely adhere to the intent of the concept plan review (Section 20 -517). The intent is to give the applicant an opportunity to discuss a project, but not to provide an implied approval of the project. The City of Plymouth's PUD ordinance (attached) is a format we may want to use. Additionally, the current ordinance is too prescriptive about the design and layout of a potential project (Sections20 -505 through 20 -509). This could lead to issues when reviewing general or development stage plans. The intent of the PUD is to offer enhanced flexibility to develop a site through relaxation of normal zoning district standards. DISCUSSION PROCESS Procedurally, the Concept Planned Unit Development, Section 20 -517 (c), states the following: (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing, written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 500 feet of the boundary of the property and an on -site notification sign erected. (4) Following the receipt of the report and recommendations from the planning commission, the city council shall consider the proposal. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, except for proposals requiring comprehensive plan changes which shall require a four -fifths vote of the entire city council. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Planning Commission Potential Code Amendments — Planned Unit Developments January 17, 2012 Page 2 of 3 However, the intent of the concept plan review is more like a pre - application sketch review which would allow informal presentation and discussion, but no formal vote on the proposal. The discussion would be like a work session discussion. Detailed plans and drawings would not normally be provided. While this would not provide all the details and information that the Planning Commission and City Council may want to see, it would allow the applicant to receive preliminary comments and determine what the issues may be, what expectations the city has and if there is apparent support to proceed with a formal PUD application and submittal. While the concept review is optional based on the language of Section 20 -517 (a), Section 20- 518 (a) appears to require concept plan review: "Following general concept approval of a PUD, the applicant shall submit the development stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all supporting data." GUIDELINES AND STANDARDS The current PUD ordinance provides greater specificity for developments than a "flexible" ordinance would suggest. It could be argued that if one were to comply with the required general standards and guidelines for development, then one would be entitled to a PUD rezoning. As pointed out in the Plymouth ordinance, "regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes of the Planned Unit Development ". The city's flexibility is from existing ordinance and should, therefore, not specify minimum standards for the PUD. The City may also want to evaluate the standards and guidelines (Section 20 -505 — 20 -509) to determine if these provide sufficient guidance for the type of development that the City anticipates or desires for the community, our vision for development, but is not so prescriptive that we design the project. Our review would be to determine what flexibility should be provided from standard zoning districts to accomplish a specific development objective, e.g., preservation of significant natural features, preservation of open space or view sheds, creation of mixed density housing, mixed uses within a development, etc. Section 20 -505 Provides standards for hard surface coverage, building and parking setbacks and buffer yards. Section 20 -505 Provides standards for single - family detached housing including minimum lot sizes, lot width, lot depth, setbacks, landscaping and architectural standards. Planning Commission Potential Code Amendments — Planned Unit Developments January 17, 2012 Page 3 of 3 Section 20 -508 Provides standards for setbacks, landscaping and architectural standards. Section 20 -509 Provides standards for minimum lot sizes, lot width, lot depths, setbacks, building heights, landscaping and architectural standards. As part of the discussion, staff will provide examples of Planned Unit Developments. RECOMMENDATION Staff requests that the Planning Commission provide staff with direction on the revision of the Planned Unit Development District. ATTACHMENTS 1. City of Chanhassen, Chapter 20, Article VIII. Planned Unit Development District. 2. City of Plymouth, Section 21655 — PUD, Planned Unit Development District. 3. City of Plymouth, Section 21045.03, Pre - application Sketch Review. gAplan \city code\2012 \pc memo pud process and requirements.doc ZONING § 20 -501 they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on -site sewage treatment systems, shall be considered nonconforming. (Ord. No. 217, § 4, 8- 22 -94; Ord. No. 377, § 60, 5- 24 -04) Secs. 20- 487 -20 -500. Reserved. ARTICLE VIII. PLANNED UNIT DEVELOPMENT DISTRICT* DIVISION 1. GENERALLY Sec. 20 -501. Intent. Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfers of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the city's expectation is to be realized as evaluated against the following criteria. Planned unit developments are to encourage the following: (1) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. (2) More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. (3) High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. (4) Sensitive development in transitional areas located between different land uses and along significant corridors within the city. (5) Development which is consistent with the comprehensive plan. *Editor's note — Section 1 of Ord. No. 149, adopted June 24, 1991, amended Art. VIII, Div. 1, to read as herein set out. Prior to amendment, Art. VIII, Div. 1, contained §§ 20- 501 -20 -505, pertaining to similar subject matter and deriving from Ord. No. 80, Art. V, § 18(5-18-1-5-18- 5), adopted Dec. 15, 1986, and Ord. No. 136, § 1, adopted Jan. 28, 1991. Supp. No. 5 CD20:93 § 20 -501 CHANHASSEN CITY CODE (6) Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the comprehensive park plan and overall trail plan. (7) Provision of housing affordable to all income groups if appropriate within the PUD. (8) Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. (9) Use of traffic management and design techniques including the provision of transit and pedestrian linkages to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Where appropriate, the use of transportation demand management strategies may be required within a project. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 377, § 61, 5- 24 -04) Sec. 20 -502. Allowed uses. Specific uses and performance standards for each PUD shall be delineated in a development plan. (1) Each PUD shall only be used for the use or uses for which the site is designated in the comprehensive plan. Specific uses and performance standards for each PUD shall be delineated in a PUD development plan. (2) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this article and the comprehensive plan. (3) Residential development in a regional/lifestyle center commercial PUD, may only occur in conjunction with a commercial or office development and may not encompass more than 20 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 377, § 62, 5- 24 -04; Ord. No. 488, § 1, 11- 23 -09) Sec. 20 -503. District size and location. Each PUD shall have a minimum area of five acres except the regional/lifestyle center commercial PUD, which must be a minimum of 30 acres, unless the applicant can demonstrate the existence of one of the following: (1) Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. Supp. No. 5 CD20:94 ZONING § 20 -505 (2) The property is directly adjacent to or across a right -of -way from property which has been developed previously as a PUD or planned unit residential development and will be perceived as and will function as an extension of that previously approved development. (3) The property is located in a transitional area between different land use categories or on a collector, minor or principal arterial as defined in the comprehensive plan. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 377, § 63, 5- 24 -04; Ord. No. 488, § 2, 11- 23 -09) Sec. 20 -504. Coordination with other zoning regulations. (a) Subdivision review under chapter 18 shall be carried out simultaneously with the review of a PUD. The plans required under this chapter shall be submitted in addition to or in a form which will satisfy the requirements of chapter 18 for the preliminary and final plat. (b) Site plan review under article II, division 6 of this chapter, shall be carried out for each nonsingle- family or duplex principal structure that is proposed. (c) PUD plans shall be coordinated with and in compliance with provisions of articles V, VI and VII of this chapter. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 377, § 64, 5- 24 -04) Sec. 20 -505. Required general standards. (a) The city shall consider the proposed PUD from the point of view of all standards and purposes of the comprehensive land use plan to coordinate between the proposed development and the surrounding use. The city shall consider the location of buildings, compatibility, parking areas and other features with response to the topography of the area and existing natural features, the efficiency, adequacy and safety of the proposed layout of streets; the adequacy and location of green areas; the adequacy, location and screening of noncompatible land uses and parking areas. (b) The applicant shall demonstrate that the PUD plan offers the city higher quality architectural and site design, landscaping, protection of wetlands, creeks and mature trees and buffering for adjoining properties that represent improvements over normal ordinance standards. (c) Density. An increase /transfer for density may be allowed at the sole discretion of the city utilizing the following factors: (1) Density within a PUD shall be calculated on net acreage located within the property lines of the site in accordance with the land use plan. (2) The area where the density is transferred must be within the project area and owned by the proponent. (3) Density transfer in single - family detached area will be evaluated using the items listed in sections 20 -506 or 20 -508. Density transfer eligible for multiple - family areas are not permitted to be applied to single - family areas. Supp. No. 5 CD20:95 § 20 -505 CHANHASSEN CITY CODE (4) In no case shall the overall density of the development exceed the net density ranges identified in the comprehensive plan except as specified in policies supporting the city's affordable housing goals. (d) The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density and other standards for developments providing low and moderate cost housing. Incentives may be approved by the city contingent upon the developer and the city entering into an agreement ensuring that the housing will be available to low and moderate income persons for a specific period of time. (e) Hard surface coverage shall be limited as follows: Individual lots within PUD may exceed these standards as long as the average meets these standards. (f) Building and parking setbacks from public streets shall be determined by the city based on characteristics of the specific PUD. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a PUD. Where industrial uses abut developed platted or planned single - family lots outside the PUD, greater exterior building and parking setbacks, between 50 and 100 feet, shall be required in order to provide effective screening. The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features such as roadways and wetlands which provide separation of uses. PUD's must be developed in compliance with buffer yard requirements established by the comprehensive plan and chapter 20, article XXV, of the Chanhassen City Code. (g) More than one building may be placed on one platted or recorded lot in a PUD. (h) At the time PUD approval is sought from the city, all property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. After approval, parcels may be sold to other parties without restriction, however, all parcels will remain subject to the PUD development contract that will be recorded in each chain -of- title. Supp. No. 5 CD20:96 ZONING § 20 -506 (i) Signs shall be restricted to those which are permitted in the sign plan approved by the city and shall be regulated by permanent covenants or design standards established in the PUD development contract. Q) The requirements contained in articles =11 and XXV of this chapter may be applied by the city as it deems appropriate. (k) The uniqueness of each PUD required that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements if it finds that strict adherence to such standards or requirements is not required to meet the intent of this [article] or to protect the health, safety or welfare of the residents of the PUD, the surrounding area or the city as a whole. (1) No building or other permit shall be issued for any work on property included within a proposed or approved PUD, nor shall any work occur unless such work is in compliance with the proposed or approved PUD. (m) Buffer yards. The city comprehensive plan establishes a requirement for buffer yards. Buffer yards are to be established in areas indicated on the plan where higher intensity uses interface with low density uses and shall comply with chapter 20, article XXV, of the - Chanhassen City Code. The buffer yard is not an additional setback requirement. The full obligation to provide the buffer yard shall be placed on the parcel containing the higher intensity use. The buffer yard is intended to provide physical separation and screening for the higher intensity use. As such, they will be required to be provided with a combination of berming, landscaping and/or tree preservation to maximize the buffering potential. To the extent deemed feasible by the city, new plantings shall be designed to require the minimum of maintenance, however, such maintenance as may be required to maintain consistency with the approved plan, shall be the obligation of the property owner. (Ord. No. 149, § 1, 6- 24 -91; Ord. No. 179, § 3, 11- 23 -92; Ord. No. 240, § 14, 7- 24 -95; Ord. No. 315, § 2, 3- 26 -01; Ord. No. 377, §§ 65 -68, 5- 24 -04; Ord. No. 474, §§ 7, 8, 10- 13 -08) Sec. 20 -506. Standards and guidelines for single - family detached residential planned unit developments. (a) Intent. The use of planned unit developments for residential purposes should result in a reasonable and verifiable exchange between the city and the developer. The developer gains the potential for offering reduced lot sizes and flexibility in development standards which results in a combination of reduced development costs and improved marketing flexibility. At the same time, the city should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Lot sizes should reflect the site's environmental limitations and Supp. No. 5 CD20:97 § 20 -506 CHANHASSEN CITY CODE opportunities and offer a range of housing pricing options. In addition, quality of development, as evidenced by landscaping, construction quality, provision of public/private open and recreational space, should also be enhanced. (b) Minimum lot size. The standard single - family residential PUD allows lot sizes down to a minimum of 11,000 square feet (excluding identified wetland areas from lot calculations). Average lot sizes for the entire PUD shall maintain a minimum area of 15,000 square feet. The applicant must demonstrate that there are a mix of lot sizes and proposed housing types consistent with the local terrain conditions, preservation of natural features and open space and that lot sizes are consistent with average building footprints that will be concurrently approved with the PUD. The applicant must demonstrate that each lot is able to accommodate a 60 -foot by 60 -foot building pad without intruding into any required setback area or protective easement. Each home must also have a minimum rear yard 30 feet deep. (c) Minimum lot width at building setback: 90 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: (1) PUD exterior: 30 feet.* *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minim front yard setback of 20 feet shall be maintained. 1 _ Accessory buildings and structures: Located adjacent to or behind principal structure a minimum of ten feet from property line. (2) Front yard: 30 feet. (3) Rear yard: 30 feet. (4) Side yard: Ten feet. (f) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (g) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yard areas shall require a mix of over -story trees and other plantings consistent with the site. A minimum of one over -story tree must be provided in each front yard. In place of mass grading for building pads and roads, stone or decorative block retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double - fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. Supp. No. 5 CD20:98 ZONING § 20 -507 (3) Rear yard. The rear yard shall contain at least two over -story trees. Preservation of existing trees having a diameter of at least six inches at four feet in height can be used to satisfy this requirement of the PUD and the plans should be developed to maximize tree preservation. (h) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage build- ings, and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 1, 11- 23 -92; Ord. No. 377, §§ 69, 70, 5- 24 -04) Sec. 20 -507. Controls during construction and following completion. (a) The use of the land, the construction, modification or alteration of any buildings or structures in a PUD shall be governed by the final development plan. (b) After the certificate of occupancy has been issued, no changes shall be made in the approved final development plan for a PUD except: (1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the city planner if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the bulk of any building structure by more that ten percent. (2) Any building or structure that is totally or substantially destroyed may be recon- structed only in compliance with the final development plan unless an amendment to the final development plan is approved. (3) Changes in uses, any rearrangements of lots, blocks and building tracts, changes in the provisions of common open spaces, and all other changes to the approved final development plan may be made only after a public hearing conducted by the planning commission and upon final approval by the city council. Any changes shall be recorded as amendments to the final development plan. Supp. No. 5 CD20:99 § 20 -507 CHANHASSEN CITY CODE (c) Major amendments to an approved master development plan may be approved by the city council after review by the planning commission. The notification and public hearing procedure for such amendment shall be the same as for approval of the original PUD. A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units by more than five percent; (3) Increases the gross floor area of nonresidential buildings by more than five percent or increases the gross floor area of any individual building by more than ten percent; (4) Deceases the amount of open space by more than five percent or alters it in such a way as to change its original design or intended use; or (5) Creates noncompliance with any special condition attached to the approval of the master development plan. (Ord. No. 149, § 1, 6- 24 -91) Sec. 20 -508. Standards and guidelines for single - family attached or cluster -home PUDs. (a) Generally. Single- family attached, cluster, zero lot line, townhouses and similar type dwelling types may be allowed on sites designed for low, medium or high density residential uses by the City of Chanhassen Comprehensive Plan. (b) Minimum lot sizes. There shall be no minimum lot size; however, in no case shall net density exceed guidelines established by the city comprehensive plan. (c) Setback standardslstructures and parking: (1) PUD exterior: 50 feet. (2) Interior public right -of -way: 30 feet.* *The 30 -foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of 20 feet shall be maintained. (3) Other setbacks: Established by PUD agreement. (d) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (e) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen Supp. No. 5 CD20:100 ZONING § 20 -509 the site from major roadways, railroads and more intensive land uses. In place of mass grading for building pads and roads, stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. (2) Exterior landscaping and double - fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and more intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Ree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (f) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments. (2) Prohibition against freestanding garages may be required by the city when it is felt that unattached garages will be difficult to accommodate due to small lot sizes. If an attached garage is to be converted to living space at some time in the future, the applicant will have to demonstrate that there is sufficient room to accommodate a two -car garage without variances to obtain a permit. (3) Guidelines regulating the placement of air conditioners, dog kennels, storage buildings and other accessory uses that could potentially impact adjoining parcels due to small lot sizes. (Ord. No. 179, § 2, 11- 23 -92; Ord. No. 240, § 15, 7- 24 -95; Ord. No. 315, § 3, 3- 26 -01; Ord. No. 377, §§ 70, 71, 5- 24 -04) Sec. 20 -509. Standards and guidelines for regionatWestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional/lifestyle center commercial pur- poses should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and Supp. No. 5 CD20:101 § 20 -509 CHANHASSEN CITY CODE services to the traveling public near freeway interchanges. It shall strive to create a self - sustaining pattern of land uses with cultural, employment, entertainment, hous- ing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. (b) Minimum lot size: 10,000 square feet (c) Minimum lot width at building setback: 100 feet. (d) Minimum lot depth: 100 feet. (e) Minimum setbacks: Building setbacks are also a function of the building height. As a building's height increases above 35 feet, the front, rear and project perimeter setback shall increase on a one to one basis. The increased setback shall only apply to that portion of the building that exceeds 35 feet, e.g., a 40 -foot tall building would be set back ten feet (front or rear) at that point where the building height equals 40 feet. A building height may step back, providing the setback/building height ratio is maintained. (1) PUD exterior. 30 feet. The 30 -foot PUD exterior setback may be changed, increased or decreased, by the city council as part of the approval process when it is demonstrated that environmental protection or development design will be enhanced. Building setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet, unless unique circum- stances are found which would allow the city to reduce the setback requirement. (2) Front yard: 5 feet. Supp. No. 5 CD20:102 ZONING (3) Rear yard: 5 feet. (4) Side yard: 0. (5) Parking: Setbacks (feet): Front: 10 Side: 10 Rear: 10 (6) Parking setback exemptions: § 20 -509 a. There is no minimum parking setback when it abuts, without being separated by a street, another off - street parking area. b. Parking along public streets shall provide an appropriate transition, which shall incorporate such elements as landscaping, decorative fencing, public art, berm - ing, etc. C. Parking setbacks adjacent to exterior development lot lines abutting an area designated for residential use in the comprehensive plan shall be 50 feet unless unique circumstances are found which would allow the city to reduce the setback requirement. Unique circumstances include site elevation, separation by natural features such as wetlands or stands of mature trees or substantial visual screening through berming and landscaping. (7) Parking standards shall comply with City Code for type and location. M Maximum building height: Commercial— retail 2 stories Commercial— services 3 stories Office 5 stories Residential 5 stories (g) Protection and preservation of natural features. The applicant must demonstrate that the flexibility provided by the PUD is used to protect and preserve natural features such as tree stands, wetlands, ponds and scenic views. These areas are to be permanently protected as public or private tracts or protected by permanently recorded easements. (h) Landscaping plan. An overall landscaping plan is required. The plan shall contain the following: (1) Boulevard plantings. Located in front yards shall require a mix of over -story trees and other plantings consistent with the site. Landscaped berms shall be provided to screen the site from major roadways, railroads and less intensive land uses. In place of mass grading for building pads and roads, 'stone or decorative blocks retaining walls shall be employed as required to preserve mature trees and the site's natural topography. Supp. No. 5 CD20:103 § 20 -509 CHANHASSEN CITY CODE (2) Exterior landscaping and double - fronted lots. Landscaped berms shall be provided to buffer the site and lots from major roadways, railroads, and less intensive uses. Similar measures shall be provided for double- fronted lots. Where necessary to accommodate this landscaping, additional lot depth may be required. (3) Foundation and yard plantings. A minimum budget or plan for foundation plants shall be established and approved by the city. As each parcel is developed in the PUD, the builder shall be required to install plant materials meeting or exceeding the required budget or prior to issuance of certificate of occupancy or provide financial guarantees acceptable to the city. (4) Ree preservation. Tree preservation is a primary goal of the PUD. A detailed tree survey should be prepared during the design of the PUD and the plans should be developed to maximize tree preservation. (i) Architectural standards. The applicant should demonstrate that the PUD will provide for a high level of architectural design and building materials. While this requirement is not intended to minimize design flexibility, a set of architectural standards should be prepared for city approval. The primary purpose of this section is to assure the city that high quality design will be employed and that home construction can take place without variances or impact to adjoining lots. The PUD agreement should include the following: (1) Standards for exterior architectural treatments; (2) Streetscape requirements: a. Every building shall incorporate a streetscape, public realm space between the building the roadway. The use of canopies, awnings or arcades is encouraged in these interfaces. b. Outdoor seating areas must be in a controlled or cordoned area with at least one access to an acceptable pedestrian walk. Seating areas may be shared by multiple uses. When a liquor license is involved, an enclosure is required around the outdoor seating area and the enclosure shall not be interrupted; access to such seating area must be through the principle building. Outdoor seating areas must be located and designed so as not to interfere with pedestrian and vehicular circulation. C. Streetscape elements shall include: Landscaping, lighting and street furniture such as benches, bus shelters, kiosks, planters, public art, tables and chairs, etc. (Ord. No. 488, § 3, 11- 23 -09) Secs. 20- 510 -20 -515. Reserved. Supp. No. 5 CD20:104 ZONING § 20 -517 DIVISION 2. PROCEDURES Sec. 20 -516. Preapplication conference. Prior to filing an application for PUD, the applicant shall 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 on the general merits of the proposal and its conformity to the provisions of this article before incurring substantial expense. (Ord. No. 80, Art. V, § 18(5- 18- 6(1)), 12- 15 -86) Sec. 20 -517. General concept plan. (a) In order to receive guidance in the design of a PUD prior to submission of a formal application, an applicant may submit a concept plan for review and comment by the planning commission and city council. Submission of a concept plan is optional but is highly recom- mended for large PUDs. In order for the review to be of most help to the applicant, the concept plan should contain such specific information as is suggested by the city. Generally, this information should include the following information appropriate to the type of development, e.g., commercial, industrial or residential: (1) Approximate building areas, pedestrian ways and road locations; (2) Height, bulk and square footage of buildings; (3) Type, number or square footage or intensities of specific land uses; (4) Number of dwelling units; (5) Generalized development plan showing areas to be developed or preserved; and (6) Staging and timing of the development. (b) The tentative written consent of all property owners within the proposed PUD shall be filed with the city before the staff commences review. Approval of the concept statement shall not obligate the city to approve the final plan or any part thereof or to rezone the property to a planned unit development district. (c) The final acceptance of land uses is subject to the following procedures: (1) The developer meets with the city staff to discuss the proposed developments. (2) The applicant shall file the concept stage application and concept plan, together with all supporting data. (3) The planning commission shall conduct a hearing and report its findings and make recommendations to the city council. Notice of the hearing shall consist of a legal property description, description of request, and be published in the official newspaper at least ten days prior to the hearing, written notification of the hearing shall be mailed at least ten days prior thereto to owners of land within 500 feet of the boundary of the property and an on -site notification sign erected. Supp. No. 5 CD20:104.1 § 20 -517 CHANHASSEN CITY CODE (4) Following the receipt of the report and recommendations from the planning commis- sion, the city council shall consider the proposal. If the planning commission fails to make a report within 60 days after receipt of the application, then the city council may proceed without the report. The council may approve the concept plan and attach such conditions as it deems reasonable. Approval shall require a simple majority vote of city council, except for proposals requiring comprehensive plan changes which shall require a four -fifths vote of the entire city council. (Ord. No. 80, Art. V, § 18(5- 18- 6(2)), 12- 15 -86; Ord. No. 377, § 72, 5- 24 -04; Ord. No. 409, § 3, 1 -9 -06) Sec. 20 -518. Development stage. (a) Following general concept approval of a PUD, the applicant shall submit the develop- ment stage application, preliminary plat and fee. If appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously. The applicant shall file the development plans and preliminary plat, together with all supporting data. (b) With the appropriate notifications, the pl annin g commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the city council for action. (c) The development stage shall include, but not be limited to: (1) A preliminary plat and information required by chapter 18. (2) An approved development plan drawn to a scale of not less than one inch equals 100 feet containing at least the following information: a. Proposed name of the development. b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. C. 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. d. 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 circulation elements. e. The location, designation and total area proposed to be conveyed or dedicated for private and public open space, including parks, playgrounds, school sites and recreational facilities. f. The location, use and size of structures and other land uses located within 200 feet of the property boundary. g. A natural resource analysis identifying existing vegetation areas consisting of forest and wood lots as well as wetlands and wetlands vegetation; the geology, Supp. No. 5 CD20:104.2 ZONING § 20 -518 slope, soil and groundwater characteristics of the site; existing lakes, streams, ponds, drainage swales, runoff settling areas, and floodplains must be identified; analysis of the relationship of the proposed use of the existing natural conditions listed above. h. A proposed landscaping plan, including location of existing plants, identification of species, caliper size and acreage. i. The location, type and size of all graphics and signage. j. Any other information that may have been required by the planning commission or council in conjunction with the approval of the general concept plan. (3) An accurate legal description of the entire area within the PUD for which final development plan approval is sought. (4) A tabulation indicating the number of residential dwelling units and expected population. (5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity. (6) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes. (7) Preliminary grading and site alteration plan illustrating changes to existing topogra- phy and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. (8) A soil erosion control plan acceptable to watershed districts, state 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. (9) Protective covenants and homeowners' association bylaws. Supp. No. 5 CD20:104.3 ZONING § 20 -572 (d) The city may request additional information from the applicant concerning operational factors or retain expert testimony at the expense of the applicant concerning operational factors. (Ord. No. 80, Art. V, § 18(5- 18- 6(3)), 12- 15 -86) Sec. 20 -519. Final stage. Following preliminary plat approval, the applicant for PUD shall prepare and submit the final plat and execute the development contract prepared by the city. If appropriate because of the limited scale of the proposal, the preliminary and final plats may proceed simultaneously. The city council shall then consider the submission for final approval and rezoning to PUD. (Ord. No. 80, Art. V, § 18(5- 18- 6(4)), 12- 15 -86) Secs. 20- 520 -20 -550. Reserved. ARTICLE IX. RESERVED* Secs. 20- 551 -20 -570. Reserved. i ARTICLE X. "A -2" AGRICULTU ESTATE DISTRICT Sec. 20 -571. Intent. The intent of the "A -2" District is preservation of rural character while respecting development patterns by allowing single - family residential development. (Ord. No. 80, Art. V, § 3(5 -3 -1), 12- 15 -86) Sec. 20 -572. Permitted uses. (1) Agriculture. (2) Antennas as regulated by article XXX of this chapter. (3) Arboretums. (4) Day care center for 12 or fewer children. (5) Group home for six or fewer persons. (6)_ Public and private parks and open space. (7) Single - family dwellings. (8) Temporary real estate office or model home. *Editor's note —Ord. No. 377, § 73, adopted May 24, 2004, repealed Art. IX, §§ 20 -551- 570, which pertained agricultural preservation districts and derived from Ord. No. 80, Art. V, § 2(5 -2 -1, 5 -2 -2, 5 -2 -3, 5 -2 -4, 5 -2 -5, 5 -2 -6), adopted Dec. 15, 1986; Ord. No. 120, §§ 3 and 4(1), adopted Feb. 12, 1990. Supp. No. 1 CD20:105 PLYMOUTH ZONING ORDINANCE SECTION 21655 - PUD, PLANNED UNIT DEVELOPMENT DISTRICT 21655.01. PURPOSE AND INTENT: The purpose of the Planned Unit Development District (PUD), is to provide a comprehensive procedure intended to allow greater flexibility in the development of neighborhoods or non - residential areas than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. The intent of this section is to: Subd. 1. Provide for the establishment of Planned Unit Development (PUD) zoning districts in appropriate settings and situations, to create or maintain a development pattern that romplies with the City's Comprehensive Plan_ Subd. 2. Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this Chapter. Subd. 3. Provide for variations to the strict application of the land use regulations in this Chapter in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the City's standards to offset the effect of any variations. Subd. 4. Promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting. the health, safety, comfort, aesthetics, economic viability, and general welfare of the City. Subd. 5. Preserve and enhance natural features and open spaces. Subd. 6. Maintain or improve the efficiency of public streets and utilities. Subd. 7. Ensure the establishment of appropriate transitions between differing land uses. Subd. 8. Provide for the maintenance of, and an amendment procedure for, those planned unit developments listed in Section 21100.02 Subd. 2 (b) of this Chapter. (Amended by Ord. No. 2000 -06, 02129100) (Amended by Ord. No. 2002 -32, 11126102) 21655.02. USES: All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in Sections 21350 through 21650 of this Chapter shall be treated as potentially allowable uses within a PUD District, provided they would be allowable on the site under the City's Comprehensive Plan. (Amended by Ord. No. 2000 -06, 02129100) 21655 -1 PLYMOUTH ZONING ORDINANCE 21655.03. SETBACKS AND BUILDING HEIGHT: The various setback and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in Section 21655.01. (Amended by Ord. No. 2000 -06, 02129100) 21655.04. INTEGRATED DESIGN: A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials utilities narking areas traffic and pedestrian circulation and Open spaces (Amended by Ord. No. 2000 -06, 02129100) 21655.05 PRE- APPLICATION SKETCH REVIEW: Prior to the filing of a PUD general plan application, the applicant may submit a sketch of the project to the Zoning Administrator. The sketch will be reviewed in accordance with Section 21045.03 of this Chapter. (Amended by Ord. No. 2000 706, 02129100 (Amended by Ord. No. 2004 -02, 01113104) 21655.06 GENERAL PLAN: A PUD general plan is a plan and supportive text depicting general land use, circulation, open space, utilities, etc. for parcels of land within a PUD. Subd.1. Application Procedure: PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in Section 2.101.0.01 of this Chapter. The general plan shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of city time and materials expended in reviewing and processing the general plan application shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the applicant shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the cash escrow account upon completion of the general plan review process shall be returned to the applicant after all claims and charges thereto have been deducted. Subd. 2. Information Requirement: (a) The information required for all PUD general plan applications shall be as specified in Section 21045.07 of this Chapter. (b) The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document 21655 -2 PLYMOUTH ZONING ORDINANCE required by this section which it finds to be unnecessary to the consideration of the specific PUD being considered. Subd. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time the City Council approves the general plan. (Amended by Ord. No. 2000 -06, 02129100) (Amended by Ord. No. 2001 -06, 02113101) (Amended by Ord. No. 2010 -21, 11123110) 21655.07 FINAL PLAN: After approval of the general plan, the applicant may apply for final plan approval for all or a portion of the PUD Th final 1p�} shall be accompanied by a fee as set forth in the City Code. The applicant shall submit the following material for review by and approval of the Zoning Administrator prior to issuance of any building permit(s). (Amended by Ord. No. 2010 -21, 11123110) Subd. 1. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. Subd. 2. Development plans in final form, based on the approved general plan, covering that portion of the PUD where building permits will be requested under the phasing plan. Subd. 3. Proof of recording any easements and restrictive covenants prior to 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. Subd. 4. All certificates, seals and signatures required for the dedication of land and recording of documents. Subd. 5. Any other plans, agreements or specifications necessary for the Zoning Administrator to review the proposed final plan. (Amended by Ord No. 2000 -06, 02129100) 21655.08 PERIODIC PUD REVIEW: The City Council may require periodic review of a PUD as a condition to approval of a PUD General Plan in order to ensure compliance with the conditions of the PUD. At such time the City Council may, at its discretion choose to take additional testimony on the PUD. (Amended by Ord. No. 2000 -06, 02129100) 21655 -3 PLYMOUTH ZONING ORDINANCE 21655.09 PLAN MODIFICATION /AMENDMENT OF A PUD: Subd. 1. Amendment for existing single - and two - family PUDs: Amendments for existing single- and two - family PUDs shall follow the same review procedure as established for a major variance, as set forth in Section 21030.04, Subd. 2 (b) of this Chapter. Subd. 2. Minor Plan Modification/Amendment: Plan modifications /amendments qualifying as minor as defined by Section 21045.08, Subd. 1 of this Chapter, shall be processed pursuant to that section. Subd. 3. Major Modification/Amendment: The same review procedure shall be followed for a major modification/amendment of a PUD as was followed with respect to the PT 1T) general plan a tlinecl in Section 21655 06 of this Chapter (Amended by Ord. No_ 2000 -06, 02129100) (Amended by Ord. No. 2010 -21, 11123110) 21655.10 GENERAL REQUIREMENTS: Subd. 1. Records: The Zoning Administrator shall maintain a record of all PUD zones approved by the City, including all pertinent project plans, any conditions imposed on a project by the City Council, and such other information as the Zoning Administrator may deem appropriate. Subd. 2. Withdrawal of an Application: Any application under this section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon. Subd. 3. Platting of a PUD: In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures contained in the Plymouth Subdivision Ordinance and the related requirements of Hennepin County. The preliminary plat shall be processed in conjunction with the general plan as outlined in Section 21655.08. A separate action on the final plat shall be processed before the City Council prior to the approval of a Final Plan. Subd. 4. Conveyance of Property Within a PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this Chapter shall be construed as to make such conveyed property non - conforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the general plan for a project. Subd. 5. Agreement/Financial Guarantee: Following the approval of the general plan but prior to final plan approval, the applicant shall enter into an agreement with the City relating to the terms of the PUD, and shall also provide such financial guarantees as the City requires or deems necessary. Such agreement may take the form of: 1) a development contract; 21655 -4 PLYMOUTH ZONING ORDINANCE and/or 2) a Site Improvement Performance Agreement; and/or 3) another form of legally binding instrument as may be required by the City. Subd. 6. A PUD final plan shall expire one (1) year from the date of its approval, unless: 1) the applicant commences the authorized use within that period; or 2) the applicant applies for an extension before the expiration of the one (1) year period. The request for extension shall state facts showing a good faith attempt to complete or commence the use permitted by the PUD final plan. A request for an extension not exceeding one (1) additional year shall be subject to the review and approval of the Zoning Administrator. Should a second extension of time or any extension of time longer than one (1) additional year be requested by the applicant, it shall be presented to the City Council for a decision. 21655.105 REFERENCE TO PRE - EXISTING PUDS: Planned Unit Developments that pre -date the adoption of this Chapter but remain in force are addressed in Section 21100.02, Subd. 2 of this Chapter. (Amended by Ord. No. 2010 -01, 0212 3110) 21655.11 PUD 81 -1 (NORTHWEST BUSINESS CAMPUS): AMENDMENT FOR LOT 1, BLOCK 2, NORTHWEST BUSINESS CAMPUS 4 ADDITION: Subd. 1. Legal Description. The property affected by the PUD amendment is legally described as Lot 2, Block 1, Northwest Business Campus 13 Addition and Lots 1 -4, Block 1, Northwest Business Campus 14 Addition, Hennepin County, Minnesota. Subd. 2. Incorporated herein by reference are the NW Business Center Campus PUD plans received by the City on December 20, 1996, and January 6, 1997, except as amended by City Council Resolution 97 -78 on file in the Office of the Zoning Administrator under File 96155, together with the plan received by the City on December 24, 2002 to allow subdivision of Lot 4, Block 1, Northwest Business Campus 14 Addition into two parcels for the development of two restaurant buildings at the northeast corner of State Highway 55 and Northwest Boulevard, except at amended by City Council Resolution 2003 -045 on file in the Office of the Zoning Administrator under File 2002152, and as amended by City Council Resolution 2005- 249 for a PUD Amendment to allow a free - standing restaurant building with a restaurant and a coffee house with a drive - through on file in the Office of the Zoning Administrator under file 2005039. (Amended by Ord. No. 2003 -01, 1128103) Amended by Ord. No. 2005 -15, 06128105) 21655 -5 PLYMOUTH ZONING ORDINANCE SECTION 21045 - SITE PLAN REVIEW 21045.01. PURPOSE: The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this Chapter. 21045.02. EXCEPTIONS TO REVIEW: The following shall be exempt from the foregoing requirements: Subd. 1. Agricultural uses in the FRD Zoning District, with the exception of nurseries, greenhouses, landscape gardening and tree farms. Subd. 2. Single family detached dwellings. Subd. 3. Two family attached dwellings. (Amended by Ord. No. 2000 -06, 02129100) 21045.03. PRE- APPLICATION SKETCH REVIEW: Subd. 1. Prior to the formulation of a site plan, potential applicants may present a sketch to the Zoning Administrator prior to filing of a formal application. The sketch may be conceptual and may include the following related materials: (a) A scale drawing of the proposed site with reference to existing development within 200 feet of adjacent properties. (b) General location of proposed structures. (c) Tentative street arrangements, both public and private. (d) Amenities to be provided such as recreational areas, open space, walkways, etc. (e) General location of parking areas. (f) Proposed public sanitary sewer, water and storm drainage. (g) A statement showing the proposed density of the project with the method of calculating said density also shown. (h) Extent of and any proposed modifications to land within the Special Protection Districts as described and regulated in Sections 21660, 21665, and 21670 of this Chapter. (i) Topographic contours at two (2) foot intervals. 21045 -1 PLYMOUTH ZONING ORDINANCE 0) Wetland delineation. (k) Proposed general schedule of development. (1) Information on the proposed developer. (m) Other information or materials useful in reviewing the sketch. (n) Letter of concurrence from landowner. Subd. 2. The Zoning Administrator shall review the sketch and provide informal comments. The Zoning Administrator shall have the prerogative and authority to refer the sketch to the Planning Commission an or City Council for disc ussion, review, and informal comment. Any opinions or comments provided on the sketch by the Zoning Administrator, Planning Commission, and/or City Council shall be considered advisory only and shall not constitute a binding decision. (Amended by Ord. No. 2011 -05, 02122111) Subd. 3. Requests for pre- application sketch review shall be submitted to the Zoning Administrator. The sketch shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of city time and materials expended in reviewing and processing the sketch shall be charged against the cash escrow account and credited to the city. If, at any time, the balance in the cash escrow account is depleted to less than 10% of the originally required . cash escrow amount, the project proposer shall deposit additional funds in the cash escrow account as determined by the Zoning Administrator. Any balance remaining in the. cash escrow account upon completion of the pre - application sketch review process shall be returned to the project proposer after all claims and charges thereto have been deducted. If the sketch is to be reviewed by the Planning Commission and /or City Council, as determined by the Zoning Administrator, the sketch shall be also accompanied by a list of property owners within a specified distance of the subject property in a format prescribed by the Zoning Administrator. The specified distance shall be consistent with the greatest distance required for the applications that the proposed development would require. (Amended by Ord. No. 2000 -28, 07/11/00) (Amended by Ord. No. 2004 -02, 0113104) (Amended by Ord. No. 2010 -21, 11123110) 21045.04. MINOR PROJECTS: Subd. 1. Qualification. Site plans may be classified as minor projects and may be administratively approved by the Zoning Administrator in lieu of Planning Commission review and City Council approval only for sites which meet the following criteria, except as otherwise expressly provided by this Chapter: (a) Sites shall be in non - residential zoning districts, including those within planned unit developments, and shall not be within two hundred (200) feet of any residentially used or zoned property other than vacant property in the Future Restricted Development 21045 -2