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Home My WebLink About0787 9 ORDINANCE NO. 7s7 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR THE SPIRIT OF BRANDTJEN FARM THE CITY COUNCIL OF THE CITY QF LAKEVILLE ORDAINS: Section 1. Legal Description.... The legal description of the properly included in the PUD District shall be as follows: The Southeast .Quarter (22-00100-010-75), and the Northeast Quarter of the Southwest Quarter (22-00100-01 Q-50), Section 1, .Township 114, Range 20, and The Northwest Quarterof the Northwest Quarter (22-00100-010-27) and the West Half of the East Half of the Northwest Quarter (22-00100-0.10-26); afl in Section 1, Township 114, Range 2Q' and The Southwest Quarterof the Northwest Quarter (22-00100-010-28) of Section 1, Township ? 14, Range 20, EXCEPT that part thereof described as follows: Commencing at the northwest comer of said Southwest Quarterof the /Northwest Quarter, thence East 755.7 feet; thence South 231 feet; thence West 755.7 feet; thence North 231 feet to the place. of beginning, and The East Half of the East Half of the Northwest Quarter (22-00100-010-25) and the Northwest Quarterof the Northeast Quarter (22-00100-010-02), all in Section 1, Township 114, Range 20, and The Southwest Quarterof the Northeast Quarter (22-00100-010-03) of Section 1, Township.114, Range 20, and The East Half of the Northeast Quarter (22-00100-010-01) of Section 1, Township 114, Range 20, and The Southeast Quarterof the Southwest Quarter (22-00100-020-52 and 22- 00100-011-52), Section 1, Township 114, Range 20 (Winkler Property). ' Section 2. Zoning Map Amendment. The property is hereby .rezoned from RS-3, Residential Single Family District and PUD, Planned Unit Development District (Seca 11-96-25.N of the Zoning Ordinance) to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. -1 D Section 3. Spirit of Brandtjen Farm Planned Unit Development Plan. A. All entitlements, including but not limited to, allowed dwelling units, allowed uses, location and boundaries of the sub-districts and development standards established within this PUD District aye hereby set forth by the Spirit of Brandtjen Farm.Planned Unit Development Plan dated 20 June 2005 incorporated herein by reference as Exhibit A. B. Any allowed uses and standards not specifically addressed by-the Spirit of Brandtjen Farm Planned Unit. Development Plan shall be subject to-the requirements set forth by the Lakeville Zoning Ordinance understanding that subsequent, more. specifically detailed, PUD .Development. Stage Plans may seek modification of the standards and requirements established by the Zoning Ordinance through City Council approval providetl that-the proposed flexibility is shown to be consistent with the goals and objectives of the Spirit of Brandtjen Farm Planned Unit Development Plan and complies-with the fundamental principals for the requirements established by the Zoning Ordinance, even without .their. strict application. Section 4. Sub-districts. For the purposes of this PUD District, the following sub-districts shall be established with their boundaries generally following the Master Land Use Plan on page 3.4 of the Spirit of Brandtjen Farm Planned Unit Development Plan: A. Low Density Residential B. Low-Medium Density Residential C. .Medium Density Residential D. High Density Residential E. Residential Village Center F. Mixed Use G. Park and Trailway H. Farmstead Preservation Area Section 5. Allowed. Uses. The allowed uses within the PUD District and its various sub-districts defined by the. Spirit of Brandtjen Farm Planned. Unit Development Plan shall include the following base entitlements: A. Low Density Residential District. All permitted uses, permitted accessory uses, conditional uses; interim uses and uses allowed by administrative permit within the RS-3 District shall be allowed within 2 this sub-district subject to approval of a Development Stage Plan in accordance with Section 11=96-13 of the Zoning Ordinance. B. Low to Medium Density Residential District. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the RST-2 District shall be allowed within this sub-district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning .Ordinance. C. Medium Density Residential District. All permitted uses, permitted accessory uses, conditional .uses, interim uses and uses allowed by administrative permit within. the. RM-4 District. shall. be allowed within this-sub-district. subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance... . D. High Density Residential District. All permitted uses, permitted accessory uses, conditional. uses, interim uses and uses allowed by administrative permit within the RH-1 District shall be allowed within this sub-district subject to approval of a Development Stage Plan in .accordance with.Section 11-96-13 of the Zoning Ordinance. E. Residential Village Center District. All permitted uses, .permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the O-R District shall be allowed within this sub-district subject to;approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance, except that: 1. Commercial retail activities occupying more than fifteen percent (15°fo) of the gross floor area of the building shall be a permitted use. 2. All business identification. signs shall be subject to Section 9- 3-7.C (O-R District) of the Sign .Code. F. Mixed Use District All permitted uses, permitted. accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the O-R and C-3 Districts shall be allowed within this sub-district subject to approval of a Development Stage Plan in accordance with Section 11~-96-13 of the Zoning Ordinance. G. Park and Trailway District. The. following uses shall be allowed within the Park and Trailway District subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance: 3 ~ i 1. Public, quasi-public or private parks, trails, playgrounds and directly related buildings and structures; City of Lakeville and Master Homeowners Association owned only. H. Farmstead Preservation Area District. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses. allowed by administrative permit within the O-R District shalt be allowed within this sub-district subject to approval of a Development .Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance, and: 1. Bagel, bakery, .candy, coffee, delicatessen, ice cream, popcorn, nuts, frozen deserts, pastries, sandwich, soup and beverage sales. 2. Bed and breakfast. facilities subject to„Section 33 of the Zoning Ordinance. 3. Architecturally themed mini-storage/condominium garage units. 4. Public, quasi-public or private parks, trails, playgrounds and .directly related buildings and structures, recreational- buildings and neighborhood or community centers.. 5. .Spirit of Brandtjen Farm related real estate offices, information centers and construction vendor showroom/sales facilities. 6. Restaurant (general), delivery and/or takeout food. 7. Service Business (on-site). L Key Flexibilities. The Spirit of Brandtjen Farm Planned Unit Development Plan establishes the following two key flexibilities for development of residential uses within the PUD District: 1. Dwelling Unit Transfer. The maximum number of dwelling units allowed within the PUD District shall be as defined by the Comprehensive Plan and the Spirit of Brandtjen Farm Planned Unit Development Plan. Subject to the approval of . a PUD Development' Stage Plan(s), unused dwelling units within one area of the project may be transferred to other areas of the project. 2. Building-Types. Subject to approval of a PUD Development Stage Plan(s), there shall be the ability to use buildings characteristic of higher density areas in areas .4 designated for lower density uses by the Spirit of Brandtjen. Farms PUD Development Plan, provided that such buildings are proposed in the context of adjacent development plans for the. applicable Land Use. Areas for compatibility and only in advance of construction within a given area. J. Mining Uses. Mining uses approved as part of Interim Use Permit No. 03-14 shall be allowed to continue subject to all applicable provisions and stipulations with. said: past approvals and. Section. Chapter 7, Section 4 of the City Code. Section. 6. Lot Requirements. Lot requirements for the various sub= districts shall be as established by Section 7 of the Spirit of Brandtjen Farm Planned Unit Development Plan. Section 7. Construction Standards. The construction of structures within the PUD Distric# shall conform to following minimum standards: A. Building materials must conform to the requirements of Section 11- 17-9.A of the Zoning Ordinance. B. Alf dwelling units without basements shall provide a storm shelter as required by Section 11-17-27 of the Zoning Ordinance. C. Building materials and construction for all .detached townhouses, twin houses, townhouses, multiple family and commercial structures. shall be approved by the Planning Commission and City Council as part of a PUD Development Stage Plan based upon (but not limited to) a finding that the design of the structures. is comparable in grade and quality with the intent of the Zoning Ordinance. Section 8. Future Phases and Amendments. Approval of PUD Development Stage Plans for Outlot AA, Outlot BB, Outlot DD or any portion thereof, modifications of the sub-districts, sub-district. boundaries or performance standards established by the Spirit of Brandtjen Farm Planned Unit Development Plan or this Ordinance and the inclusion of additional lands within this PUD District by Tradition Ventures, LLC, its affiliates, successors, and. assigns only shall be processed in accordance with Section 11-96-21 of the Zoning Ordinance. Section 9. The zoning map of the" City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating -5 the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and: made part of this Ordinance. Section 10. This Ordinance shall be 'effective upon its passage and publication. ADOPTED by the Lakeville City Councii this ZO"' day of June, 2005.. CITY OF LAKEVILLE "I~ l BY: Robert D. Joh on, Mayor ATTEST BY: ' Charlene Friedges, City e k .6 SUMMARY ORDINANCE N0. 787 CITY. OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, REZONING PROPERTY TO PLANNED UNIT DEVELOPMENT This ordinance rezones the Spirit of Brandtjen Farrrtproperty to Planned Unit -Development, PUD. The ordinance establishes sub-districts, allowed uses, key flexibilities, mining uses, Iot requirements, construction standards, and provides for future phases and. amendments. The property rezoned to PUD is legally described as follows: The Southeast Quarter (22-00100-410-75), and the Northeast Quarter of the Southwest Quarter (22-00100-410-50), Section 1, Township 114, Range 20, and The Northwest Quarter of the Northwest Quarter (22-00140-010-27) and the West Half of the East Half of the Northwest Quarter (22-00100-010-26), all in Section 1, Township 114, Range 20, and The Southwest Quarter of the Northwest Quarter (22-00100-010-28) of Section 1, Township 114, Range 20, EXCEPT that part thereof described as follows: Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; .thence East 755.7 feet; thence South 231 feet; thence West 755.7 feet; thence North 231 feet to the place of beginning, and The East Half of the East Half of the Northwest Quarter (22-00100-010-25) and the Northwest Quarter of the Northeast Quarter (22-00100-010-02), all in Section 1, Township 114, Range 20, and Thee Southwest Quarter of the Northeast Quarter (22-00100-010-03) of Section 1, Township 114, Range 20, and The EastHalf of the Northeast Quarter (22-00100-01.0-01) of Section 1, Township 114, Range 20. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. 120490v01 1 RNK:08/31 /2005 Approved for publication by the City Council of the City of Lakeville, Minnesota, this llth day of October , 2005. CITY OF LAKEVILLE BY Robert D ohnson, Mayor EST• harlene Friedges, City erk 120490x01 2 RNK:08/31 /2005 PUBLIC NOTICE SUMMARY ORDINANCE NO. 787 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, REZONING PROPERTY TO PLANNED UNIT DEVELOPMENT This ordinance rezones the Spirit of Brandtjen Farm property to Planned Unit Development, PUD. The ordinance estab- lishes sub -districts. allowed uses, key flexibilities, mining uses, lot require- ments, construction standards, and pro- vides for future phases and amendments. The property rezoned to PUD is legally described as follows: The Southeast Quarter (22-00100-010- 75), and the Northeast Quarter of the Southwest Quarter (22-00100-010-50), Section 1, Township 114, Range 20, and The Northwest Quarter of the North- west Quarter (22-00100-010-27) and the West Half of the East Half of the Northwest Quarter (22-00100-010-26), all in Section 1, Township 114, Range 20, and The Southwest Quarter of the North- west Quarter (22-00100-010-28) of Section 1, Township 114, Range 20, EXCEPT that part thereof described as follows: Commencing at the northwest corner of said Southwest Quarter of the Northwest Quarter; thence East 755.7 feet; thence South 231 feet; thence West 755.7 feet; thence North 231 feet to the place of beginning, and The East Half of the East Half of the Northwest Quarter (22-00100-010- 25) and the Northwest Quarter of the Northeast Quarter (22-00100-010-02), all in Section 1, Township 114, Range 20, and The Southwest Quarter of the North- east Quarter (22-00100-010-03) of Section 1, Township 114, Range 20, and The East Half of the Northeast Quarter (22-00100-010-01) of Section 1, Town- ship 114, Range 20. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minne- sota, this 17th day of October, 2005. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T122 10/22/05 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspalper, as provided by Minnesota Statutes 33 IA.02, 331 A.07 and other applic- able laws, as amended. (B)The printed which is attachef was cut from the columns of said newspaper, and was printed and pub- lished once -dfieeesstre'vreeks; it was first published on Saturday, the '°Ith`dd ay of O, ,`�O - c72100_5_, and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdeopgrstuvwxyz BY: TITLE: Managing Editor Subscribed and sworn to before me on this c o PX , o1,QoS. ALS day of Notary Public i4AVEhLAND 7 3I .jv 'L'`.` Krin05ota My Cor, ,.... F,.,, s 1/31/2010