Loading...
HomeMy WebLinkAbout0084 CI2'Y OF I.AI~'filr.r.F ORDINANCE N0. 84 ~ f` AN ORDINANCE AN~IDING ORDINANCE N0. 42 oY the CITY OF ~CE'pL BEING THE ZONING ORDINANCE OF THE CITY OF r•arr~lIF.I,E, NIIPII~TESOTA SECTION A INTENT AND PURPOSE This ordinance is established to provide comprehensive procedures and standards designed to allow the development of neighborhoods or portions thereof incorporating a variety of residential types and nonaesidential uses. Recognizing that traditional density, bulk, setbacks, use and subdivision regulations which may be useful in protecting the character of substantially developed areas, may 6e inappropriate to control development in less developed areas. Specifically, it is intended to encourage: 1 . Innovations in residential development to the end that the growing demands for housing at all economic levels may be met 6y greater variety in tenure, type, design, and siting of dwellings and by the conservation and more efficient use of land in such deve{opments-, 2. Higher standards of site and building design through the usa of trained and .experienced- land planners, architects and landscape architects; 3. More convenience in location of accessory commercial and service. areas; 4.' The preservation and enhancement of desirable site characteristics such as natural topogrophy and geologic features and the prevention of soil erasion; 5. A creative use ®f land and related physical development which allows a phased and orderly transition of land from rural to urban uses 6. An efficient use of land resulting in smaller networks of utilities and streets#hereby lower housing costs and. public investments. 7. A development pattern in harmony with the objectives of the Lakeville Comprehensive Plan; 8. Amore desirable environment than would be possible through the strict application of zoning and subdivision regula#ions of the City. 9. To give the landowner and developer reasonable assurance of ultimate approval before expending complete design monies while providing City officials with assurances that the project will retain the character envisioned at the time of concurrence. 10. To allow variation from the provisions of this ordinance including setbacks, height, lot area, width and depth, yards, etc. SECTION B GENERAL REQUIREMENTS AND STANDARDS 1. Ownership. An application for PUD approval must be filed by the ~and- owner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development. of the property as a unified whole. in the case of multiple ownership, the Approved Final Plan shall be binding on all owners. 2. Comprehensive Plan Consistenty. The proposed PUD shall be consistent with the City Comprehensive Plan. 3. Size. Planned Unit Development proposals must include an area of at least 20 contiguous acres. 4. Sanitary Sewer Plan Consistency. The proposed PUD shall be consistent with the City Capital Improvement Program. 5. Common Oeen Space.. Common open space at least sufficienfi to meet the minimum requirements established in this ordinance and such comple- mentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shah be .provided within the area of the PUD, 6. O erating and Maintenance Requirements for PUD Common Open Space Facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and a maintenance of such open space and service facilities to a predetermined reasonable standard. .Common open space and service facilities within. a PUD may be placed under the ownership of one or more. of the following, as approved by the City Council: a. Dedicated to public, where acommunity-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated, d, Property {Homeowners} Association, provided all of the following conditions are met: 2 (1) :,Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457,. Section 11 and a set of floor plans such as specified by Laws 1963, Chapter 457, Section 13 shall be filed with the City of Lakeville, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of Dakota County, Minnesota. (2) The declaration of covenants, conditions and restrictionu or equivalent document shal I specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. (3) The declaration of covenants, conditions and restrictions shall provide that an owners` association or corporation shall be formed and that al I owners shal6 be members of said association or corporation which shall maintain all properties and- common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shalt be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control . (4} The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Lakeville or fails to pay taxes or assessments on properties as they become due and in the even# the said City of Lakeville incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Lakeville shall have the right to assess :each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection,. shall be a lien on each property against which each such assessment is made.. 3 (5) Membership must be mandatory for each owner, and any successive buyer. - (6) The open space restrictions must be permanent and not for a given period of years. (7) The Association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be~deeded to it. (8) Property (Homeowners) must pay their pro rata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (9) The Association must be able to ad[ust the assessment to meet .changed needs. (10) The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUDplan. 4 7~ Staging of Public and Common Open Space. When a PUD provides far common or public open space, the total area of common or public open space or land escrow security in any stage of development, shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the. entire PUD. 8. Densi_ The maximum allowable deraity in a PUD shall 6e determined by reference to the Comprehensive Plan. Within that limit, the exact density allowable shall be derermined by standards agreed upon between the applicant and the City. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 25 percent the- proposed residential density of the entire PUD. 9. Utilities. In any PUD, all utilities, including telephone, electrictiy, gas and telecable shall be installed underground. 10. Landsca mg. In any PUD, landscaping shall be provided according to a p an approved by the City Council, which shall include a detailed planting listwrith sizes and species indicated as part of the Final Plan. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan. 11. Urban Development and Availabilit of Public Services. Residential development wi I be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Residential lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing ordinances and development techniques. Residential lands which lack the available facilities and services will be granted approval for development at such times as the facilities and services have been made. available by the continuing public improvement program or at such time. when the residential developer agrees to furnish such facilities or improvements put forth by the City or other public agency: Na major PUD will be permitted in areas not having City wafer and ' sanitary sewer available within a reasonable length of time from the date of PUD approval. 5 If it can be demonstrated by the petitioner that divergence from the points above will not cause an unreasonable burden upon the ' City of Lakeville in providing services and utilities or cause a deleterious impact upon the natural environment than the City Council may consider granting a voriance fo this policy in reviewing a proposed development. SECTION C SUBMISSION REQUIREMENTS Fifteen {15) copies of the following exhibits,. analyses and plans shall be submitted to the Planning Commission and Council during the PUD process, at the times specified in Section D of this Ordinance. t. General Concept Stage a. General Information: (1) The landowner's name and address and his interest in the wbject property. (2) The applicant's name and address if different than the landowner. (3) .The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor. (4) Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statemenfi of all legal, beneficial, tenancy and contracfiual interests held in or affecting the subject property and including an up-to-date certified. absfiract of title or registered property report,. and such other evidence as fihe City Attorney may require fio show the status of title or control of the subject property. (5) Evidence of the financial capability of the applicant to complete the proposed PUD. 6. Present Status: (1) The address and legal description of the subject property. 6 (2) The existing zoning clauification and present use of the subject property and all lands within 1,000 feet o'f the subject property. (3) A map depicting the existing development of the wbject property and all land within 1.,000 feet thereof and showing the precise location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within 100 feefi of the subject property. a. A written statement genera{ly describing the proposed PUD and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the develop- ment and use of neighboring property in accordance with the applicable regulations of the City. d. Site Conditions: Graphic reproductions of the existing site conditions.at a scale of 100 feet. (1) ~ Contours -minimum two (2} foot intervals. (2) Location, type,-and extent of tree cover. (3) Slope analysis. (4) Location and extent of water bodies, wetlands and streams and floodplains within three hundred (300) feet of the subject property. (5) Significant rock outcroppings. (6) Existing drainage patterns. (7) Vistas and significant views. (8) Soil conditions as they affect development. All of the graphics should 6e the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference. e. Schematic drawing of the proposed development concept including but not limited to the general location of major circulation elements, public and common open space, residential and other land uses. f. A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall inc{ude at least the.following: 7 (1) flrea devoted to residential uses. (2) Area devoted to residential use 6y Building Type. (3) Area devoted to common open space. (4) Area devoted to public open space. (5) Approximate area devoted to streets. (6) Approximate area devoted to, and number of, off-street parking and loading spaces and related access. _(7) Approximate area, and floor area., devoted to commercial uses. (8) Approximate area, and floor area, devoted to industrial or office uses. g. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. h. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of in- corporation and by-laws of such entity shall be submitted. i. General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. Schematic utilities plans indicating placement of water, sanitary and storm sewers. 2. Development-Stage Development stage submissions should depict and outline the proposed implementation of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The Development Stage sub- missions shall include but not be limited to: 8 a. Zoning .classification required for Development Stage sub^ mission and any other public decisions necessary for implementation of the proposed plan. b. Fifteen (15) sets of preliminary p?ans, drawn to a scale of not less than one inch equals 100 feet (or scale requested by the adminisfirator) containing at least the following information: (1)' Proposed name of the development (which shall nofi duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the County wherein the subject property is situated). (2) Property boundary tines and dimensions of the property and any significant topographical or physical features of the property. (3) The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, including mobile homes, and existing buildings which wilt remain, ~ any. (4) Location, dimensions and number of all driveways, entrances,. curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and elements including bike and pedestrian; and the fiotal site coverage of all circulation elements. (5) Location, designation and tafial area of all .common open space. (6) Location, designation and total area proposed to be conveyed or dedicated far public open space, including parks, playgrounds, school tiles and recreational facilities. (7) Proposed lots and blocks, if any, and numbering system. (8) The location, use and size of structures and other land uses on adjacent properties. (9) Preliminary sketches of proposed landscaping. Y (10) General grading and drainage plans for the developed PUD. (11) Any other information that may have been required by the Planning Commission or Council in conjunction with the approval of the general concept plan. c. An accurate legal description of the entire area within the PUD •for which final development plan approval is sought. d. A tabulation indicating he number of residential dwelling units by number of Sleeping Activity Units by Life Cycle and expected population housing profile. e. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, super market). f. Preliminary architecture! plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes. g, A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including mobile homes, and uses. h. Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan. i. A final plat prepared 6y a land surveyor, duly registered in the State of Minnesota, in accordance with Chapter 505 of the statutes of Minnesota which shall contain a notarized certification by such surveyor that the plat represents a survey made by him and that the monuments shawntherein exist as located and #hat all dimensions are correct, as required by Section 505.03, Subd. 1, M.S,A., and a notarized certification by owner or owners and by any mortgage holder of record of the adoption of the Plat and the dedication of streets and other public areas as required by Section 505.03, Subd. i, M.S.A. 10 j. A Soil Erosion Control Plan acceptable to watershed districts Department of Natural Resources, Soil Conservation Service,. or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. k. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data.. 1. Such other and further information as the Planning Commission, Administrator or Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. m. The Planning. Commission may, by a written order, excuse any applicant from submitting any specific item of information or document required by Section C.2 of this Ordinance which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. n. The Planning Commission may, by written order, require the submission of any additional information or documentation which it may find necessary ar appropriate to full consideration of the proposed PUD or any aspect or stage thereof. 3. Final Plan Stage After approval of a general concept plop for fihe PUD and approval of a development stage plan for a section of the proposed PUD the applicant will submit the following material for review by the City staff prior to issuance of a building permit. a. A detailed landscaping plan. b. Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. c. All certificates, seals and signatures required for the dedication of {and and recordation of documents. it d. Final architectural working drawings of all structures. e. Final engineering plans and specifications for streets, utilities and other public improvements, together with aCommunity/ Developer Agreement for the installation of such improvements .and financial guarantees for the completion of such improvements. f. .Any other plan, agreements, or specifications necessary for the City staff to review the proposed construction. All work must be in conformance with the Minnesota State Uniform $uilding Code. SECTION B PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT 1. Application Conference. Upon filing of an application for PUD, the applicant of the proposed PUD shall arrange for and attend a conference with the City Planner and/or City staff. At such conference, the applicant shall be prepared to generally describe his proposal for o PUD. The primary purpose of the conference sha1F be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this Ordinance before incurring wbstantial expense in the preparation of plans, surveys and other data. 2. General Concept Plan a. Pur ose. The General Concept Plan provides an opportunity for the applicant to submit a plan to the City showing his basic intent and the general nature of the entire development without incurring substantial cost. This Concept Plan serves as the besis for the public heoring so that the proposal may be publicly considered at an early stage. The following elements of the proposed general concept plan represent the immediately significant elements which the City shall review and for which a decision shall be rendered: (1) Overall maximum PUD density range. (2) General location of major streets and pedestrian ways. (3) General location and extent of public and common open space. (4) General location of residential and non-residential land uses with approximate type and intensities of development. (5) Staging and time schedule of development, (6) .Other special criteria far development. 12 6. Schedule (1) Developer files application for a conditional use permit and rezoning (where applicable) concurrently with the submission of the General Concept Plan (at least l5 days prior to Planning Commission meeting). (2) Developer meets with the City Planner and/or City staff • to discuss the proposed deve{opment. (3) Planning Commission formally acknowledges filing of the. application(s) for PUD, sets a public hearing and refers the application(s) back to City staff and appropriate commissions for their official review. (4) Planning Commission holds a public hearing. (5) Planning Commission makes a recommendafiion to the City Council on the General Concept Plan. (6) City Council reviews all recommendations and approves/ denies application(s). c. O tional Submission of Develo ment Stage Plan. In cases of single stage PUDs or ere the applicant wishes to begin the first stage of a multiple stage PUD, immediately he may, at his option, submit Development Stage Plans for the proposed PUD simultaneously ~ with the submission of the General Concept Plan. In such case, the applicant shall comply with all the provisions of the ordinance applicable to submission of the Development Stage Plan. The Planning Commission and Council shall consider such plans. simultaneously and shall grant or deny Development Stage Plan approval in accordance with the provisions of Seetion C hereof. d. Effect of Concept Plan Approva{. Unless the applicant shall fail to meet time schedules for filing Development Stage and Final Plans or shalt fail to proceed with development in accordance with the plans as approved or shall in any other manner fail to comply. with any condition of this ordinance or of any approval granted pursuant to it, a General Concept Plan which has been approved and a PUD Agreement signed by the applicant shall not be modified, revoked or otherwise impaired pending the application for approval - of Development Stage and Final Plans by any action of the Gity of Lakeville without the consent of the applicant. 13 e. Limiintion on General Concept Plan Approval. Unless a Develop- ment Stage Plan covering at least 10 dwelling units or the area designated in the General Concept Plan as the first stage of the PUD, whichever is greater, has been filed within 9 months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to fife Development Stage and Final Plans and to proceed with development in accordance with -the provisions of this ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. In such case, the Counci! shall forthwith adopt a resolution repealing the General Concepfi Plan approval for that portion of the PUD that has not received final approval and re-establishing the zoning and other ordinance provisions that would otherwise 6e applicable. Upon application by the applicant, the Council at its discretion may extend for additional periods not in excess of 9 months;eaah, the filing deadline for any Development Stage Plan, when, far good cause shown, such extension is necessary. 3. Development Stage a. Purpose. The purpose of the Development Stage Ptan is to provide a specific and particular plan upon which the Planning Commission will base its recommendation to the Council and with which substantia) .compliance is necessary for the preparation of the Final Plan. b. Submission of Development Stage. Upon approval of the General Concept Plan, and within the time established by Section D.2.C of this Ordinance, the applicant shall file with the Administrator a Development Stage Plan consisting of the information and submissions required by Section C of this Ordinance for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the General Concept Plan.. The Development Stage Pian shall refine, implemen# and be in substantial conformity wifh the approved General Concept Plan,. A Detailed Plan shall be deemed not to be in substantial conformity with an approved.General Concept Plan if it: (1) Departs by more than 5°l° from the maximum density approved for the PUD or exceeds the implied maximum density established by the Comprehensive Plan for the area in which the PUD will be located.. 14 (2) .Decreases by more than 5% the area approved for , public and common open space or changes the generak location of such areas. (3) Relocates approved circulation elements to any extent that would decrease their functionability, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities. (4) Significantly alters. the arrangement of land uses within the PUD. (5) Delays by more than one year any stage of an approved staging plan. (6) Departs from the General Concept Plan in any other manner which the Planning Commission shall, based on stated findings and conclusions, find to materially alter the plan or concept for the proposed PUD. c. Review and Action by City Staff and Planning Commission. Immediately upon receipt of a completed Development Stage Plan., the Administrator shall refer such. plan to the following City. staff and/or official bodies for the indicated action: (1) The City Attorney for legal review of all documents. (2} The City Engineer for review of all engineering data for compliance with the requirements of this ordinance and review of the City/Devekoper Agreement. (3) The City Building Inspector for review of alt building plans far compliance with the requirements of this ordinance, the State of Minnesota Uniform Building Code and any other applicable federal, state, or local codes. (4) The City Planner for review of all plans for compliance with the intent, purpose and requirements of this ordinance and conformity with the General Concept Plan and Comprehensive Plan. (5) The City Planning Commission for review and recommendation to the Council. 15 (6) When appropriate, as determined by the Administrator, to the Water and Sewer and Park and Recreation Com~ missions for review and recommendations. (7) When appropriate, as determined by the Administrator, to other special review agencies such as the Watershed Districts, Soil Conservation Service, Highway Departments, or other affected agencies. All staff designated in paragraphs (1) through (4} hereof shall submit their reports in wirting to the Planning Commission and applicant. d. Schedule (1) Developer makes application for subdivision (first phase of F UD) at least 15 days prior to Planning Commission meeting. {2) Developer meets with the City Planner and~or City staff to discuss specific development plans. (3) Planning Commission formally acknowledges filing and receipt of application, sets a public hearing and refers application back to City,staff and appropriate commissions for official review. (4) Planning Commission holds a public hearing. (5) Within 60 days of the Pub{ic Hewing, or such further time as may be agreed to by the applicant, the Planning Com- mission shall itrelf review said reports and plans and submit its written report and recommendations to the Council and applicant. Such report shall: contain the findings of the Planning Commission with respect to the conformity of the Development Stage Plan to the approved General Concept Plan, with respect Yo the merit or lack of merit of any departure of the Development Stage Plan from subsinntial conformity with the Concept Plan and with respect to the compliance of the Development Stage Plan with the provisions of this ordinance and all other applicable federal, state and local codes and ordinances. If the Planning Commission shall find substantial conformity between such 1b plans or that any lack of substantial conformity merits dpproval and shall further find the Development Stage, Plan to be in all other respects complete and in compliance with this ordinance and other applicable federal, state and local codes and ordinances, it shall recommend approval of the plan. Otherwise it shall recommend denial of approval . If the Planning Commission fails to act within the time specified herein, it shall be deemed to have recommended the Plan - for approval. (6) Within 30 days of receipt of the report and recommendation of the Planning Commission, the Council shall grant approval, resubmit the plan to the Planning Commission for further consideration of specified items or deny approval of the. plan. (7) The Administrator shall instruct the City Attorney to draw up a PUD Agreement which stipulates the specific terms and' conditions approved by the City Council and accepted by the applicant. This Agreement shall be signed by the Mayor of the City of Lakeville, City Administrator and the applicant . within 30 days of Council approval of the Development Stage Plan. Where the Development Stage Plan is to be resubmitted or denied approval, Council action shall be by written report setting forth the reasons far its action. In all cases, a certified copy of the document evidencing Council action shall be promptly delivered to the applicant by the Administrator. e. Limitation on Detailed Plan Approval . Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage or the PUD has been filed within six months from the date Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this ordinance and or an approved Development Stage Plan, the approval shall expire. Upon application by the Applicant, the Council at its discretion may extend for no# more than six months, the filing deadline far any Final Plan when, for good cause shown, such .extension is necessary. In any case where Development Plan approval expires, the Council shall forthwith adopt a resolution repealing the General Concept Plan approval and the Development Stage Plan approval for that portion of the PUD that has not received Fina{ Plan approval and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. 17 f. Site Improvements. At any time following the approval of a Development Stage Plan by the Council, the applicant may, . pursuant to the applicable ordinances of the City apply for, and the Administrator may issue, grading permits for the area within the PUD for which Development Stage Plan approval has been given. If, in approving the Development Stage Plan, the Council .expressly authorizes it, the applicant may, pursuant to the applicable ordinances of the City, apply for, and the Admin- istrator may issue, building permits for model homes to be constructed within the area of the PUD provided, however, that no such permit shall 6e issued unless the Administrator shall first determine that the plans for any structure meet all applicable requirements of this ordinance of the State of Minnesota Uniform Building Code and or any other applicable federal, state and local codes. 4. Final Plan a. Purpose. The Final Plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other City Ordinances as the land use regulation applicable to the PUD. b. Submission of Final Plan. Upon approval of the Development Stage Plan, and within the time established by Section D.3.e of this Ordinance, the applicant shall file with the Administrator a Final Plan consisting of the informafiion and submissions required by Section C of this Ordinance for the entire PUD or for one or more stages. The Final Plan is intended only to add detail to, and to put in final form, the information contained in the General Concept Plan and the Development Stage Plan and shall conform to the Development Stage Plan in all respects. c. Recording; of final Plan. Within 10 days of its approval, the Administrator shall cause the Final Plan, ar such portions thereof as are appropriate, to be recorded with the County Register of Deeds or Register of Titles.. 18 ' d. Building and Other Permits. Except as otherwise expressly , provided herein, upon receiving notice from the Administratdr that the approved Final Plan has been recorded and upon application of the applicant pursuant to the applicable ordinances of the City, all appropriate officials of the City may issue building and other permits to the applicant for develop- ment, construction and other work in the area encompassed by the approved Final Plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of all codes and ordinances in which are applicable to the permit sought, have been satisfied. e. Limitation on Final Plan Approval. Within one year after the approval of a Final Plan for PUD, or such shorter time as may 6e established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances,. and other ordinances, applicable in the district in which it is located. In such case, the Council shall forthwith adopt an ordinance repeciling the PUD permit and atl PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable. The time limit established by this Section may, at the discretion of the Council, be extended for not more than one year by ordinance or resolution. duly adopted. f. Inspections During Development (1) Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage thereof, the Building Inspector shall, at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved plans far development and with the approved development schedule. If the Building Inspector finds that development is nat preceding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, he shall immediately notify the Council. 19 Within 30 days of such notice, the Council shall either by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the-Fins{ Pions as approved; or shall require the landowner or applicant to seek an amendment of the Final Plan. (2) Compliance with Construction Plans and Drawings. A11 improvements to be constructed or erected shall be subject to inspection by the City Building Inspector. The cost attributable to all inspections required by this subparagraph shall be charged to and paid by the owner or applicant.. Before any required inspections take place, the owner or applicant may be required to post a deposit with the City Building Inspector to cover the cost of such inspections. The owner or opplicont shall give at least twenty-four hours written notification to fihe City Building Inspector prior to the performance of any of the following work: (a) The surfacing of any roadway or street; (b) The installation of any curbing or gutters; (c) The grading or backfilling of any open trench or excavation in which any utility facilities, including but not limited to, water lines, sewer lines, gas lines and electrita( cables, shall have been installed. If, upon inspection, in the opinion of the City Building Inspector any work does not comply with the approved construction plans and drawings or the approved Final Plan, the City Building Inspector shall have authority to order that all wch work shall be terminated until such time as necessary steps are taken to correct any defects or. deficiencies, the owner or appUcant shall notify fihe City Building Inspector and request a reinspection. Upon completion of aIF required improvements within the area- covered by the approved Final Plan, the owner ar applicant steal} notify the City Building inspeetar who shall thereupon conduct a final inspection of all improvements installed, or if there are any deviations in such improvements as installed from the approved Construction Plan and drawings or approved Final Plan., which 20 . ( . d~ defects will, in the opinion of the City Building Inspector,o~_~``yr' ~ adversely affect the performance suitability or desirability ''~I;: 1 ac applicant in writing of such defects, deficiencies or deviations and the owner or proponent shall, at his sole cost and expense, correct such defects or deviations within six months of the date of notification. When such defects, deficiencies or deviations .have been corrected, the owner or applicant shall notify the City • Building Inspector that the improvements are again ready for final inspection. If a final inspection indicates that all improvements as installed contain no defects, deficiencies or deviations, then within ten days from the completion of such inspection, the City Building Inspector shall certify to the Council. that all improvements have been installed in conformity with the construction plans and drawings and the Final Plan. The Council shall thereupon by resolution formally accept such improvements at which time they shall become the property of the City of Lakeville. ADOPTED THIS 18TH IIAY OF AUGUSTS 1975- MAYOR ATTEST- ~"I~/~t%-~t~-^---' Or.~uK ~ ° _ _ ~ ~ r 21 The Lakeville Times (Affidavit of Publication) Box K Lakeville, Mn. 55044 STATE OF MINNESOTA , SS COUNTY OF DAKOTA j j Dudley F. Eakin, being duly sworn, on oath says he is and during all times herein stated has been tghe publisher and printer of the newspaper known as THE LAKEVILLE TIMES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news column devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and adver- tisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 240 copies regularly delivered to paying subscribers, has an average of at (east 75% of its total circulation currently paid or. no more than three months in arrears and has entry as second class -matter in its local post - office. (5) Said newspaper purports to serve the Village of Lakeville in the County of Dakota and it has its known office of issue in the City of Lakeville in said county, established and open during its regular business hours for the gather- ing of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to hs direction and control dur- ing all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. (� He further states on oath that the printed 07\-6//it ereto attached as a part hereof was cut from the columns of sai, newspaper and was printed and ublished therein in the English language, on e each week (1), 0, or ( successive weeks that was first so published on Wednesday the �j day of day of at R ,19 and that was thereafter printed and published on every Wednesday to and in- cluding the day of , 19 and that the following is a printed copy of the lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this—day of (Notarial Seal) 19%I (,(�'�- — `NOTARY Public, Dakota County. Mn. My Commission expires FRANCES M. EAKIN Commission No. 00307 Expiration Date 7-26.78 Notary Public, Dakota Co.; Lakeville, MA'