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HomeMy WebLinkAbout2023-02-09 Council Work Session Agenda PacketCouncil Work Session Agenda February 9, 2023 – 5:30 pm 1. Call to Order / Roll Call 2. Commission and Council Joint Work Session -- PUD Standards* 3. Unscheduled Items 4. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the house agenda packet book located by the Council Chambers entrance, or online at the City’s website at www.corcoranmn.gov. HYBRID MEETING OPTION AVAILABLE The public is invited to attend the regular Council meetings at City Hall. Meeting Via Telephone/Other Electronic Means Call-in Instructions: +1 312 626 6799 US Enter Meeting ID: 868 7671 9177 Press *9 to speak during the Public Comment Sections in the meeting. Video Link and Instructions: https://us02web.zoom.us/j/86876719177 visit http://www.zoom.us and enter Meeting ID: 868 7671 9177 Participants can utilize the Raise Hand function to be recognized to speak during the Public Comment sections in the meeting. Participant video feeds will be muted. In-person comments will be received first, with the hybrid electronic means option following. For more information on options to provide public comment visit: www.corcoranmn.gov Page 1 of 4 8200 County Road 116  Corcoran, MN 55340 763-420-2288  www.corcoranmn.gov MEMO Meeting Date: February 9, 2023 To: City Council and Planning Commission From: Natalie Davis McKeown, Planner Re: City Code Updates – Planned Unit Development Standards ____________________________________________________________________ Updating the Planned Unit Development (PUD) ordinance was identified as a City Council priority in 2022. Staff and Council held work sessions to review the PUD ordinance on July 28, 2022, October 27, 2022, and January 26, 2023. In July, staff was directed to identify basic standards for PUDs, create a points system to aid in the review of public benefits offered by PUD proposals, as well as create a super majority (4/5) threshold for approval of all PUDs. At the October work session, staff was directed to test out the draft points system on the Tavera development and see what options there were for allowing a vote to proceed if only three Council members are seated at a meeting to avoid running up against the review deadline. During the January work session, Council and staff worked through questions pertaining to open space and the points threshold for review. Council asked staff to bring the ordinance draft to the joint work session with the Planning Commission to give the Commission a chance to provide feedback on the overall draft, proposed point categories to capture PUD benefits, the super majority approval requirement, and when the required neighborhood meeting should take place. Super Majority Approval Threshold The current draft requires PUDs to be approved by a 4/5 majority of the seated Council at the time of the vote. This is to address concerns with running up against the state mandated review deadline and unforeseen attendance conflicts amongst the Council. This threshold means that a PUD could pass under the following scenarios: Council Members Seated Votes to Pass 5 4-1, 5-0 4 4-0 Agenda Item: 2. Page 2 of 4 3 3-0 At the January work session, Council wanted to discuss this approval threshold further and gather feedback from the Commission. Recent Changes a. Definition of open space Staff added additional verbiage to the definition of open space to clarify that areas under an easement that provide usable open space can count towards the open space requirement, but areas under an easement that are wetlands and floodplain do not count towards the open space requirement. Further, staff clarified the open space percentage will be calculated based on the pre-development area (gross land less wetland and floodplain). These changes are highlighted in yellow in the attached draft. At the January work session, Council expressed a desire to consider an open space requirement that adjusts based on the requested lot size rather than a flat 15% requirement. Staff mentioned that Dayton may have a similar process in one of their residential districts. Staff pulled the Dayton ordinance which is attached to this report for reference. Dayton’s ordinance is not a PUD ordnance but an option available by-right under a straight plat. However, the ordinance builds in flexibility for lot size in exchange for identified desirable development features. It is worth noting that building in flexibility within the underlying zoning districts remains an option to move away from PUDs. Based on the current direction from Council, staff offers the following table as a starting point for discussion which could be incorporated into the proposed open space requirements for PUDs: Minimum Lot Width Open Space Requirement 65’ or more None Less than 65’ – 55’ 5% Less than 55’ – 45’ 10% Less than 45’ 15% Corcoran’s existing RSF-3 standards allow for 65’ wide lots by-right. Staff believes it makes sense to not require additional open space if a developer is not asking for flexibility from the RSF-3 lot width but is instead asking for flexibility from other areas of the Zoning Ordinance. The Council and Commission may want to consider if they would also like to see a minimum lot area and/or minimum lot depth added to the table in addition to other adjustments (such as changing the minimum lot widths and associated open space requirements). b. Intent of Points System Page 3 of 4 Per the direction of City Council, staff added language in the draft ordinance to clarify the points systems is for staff review and does not guarantee approval by City Council. These changes are highlighted in yellow in the attached draft. c. Benefit of Private Open Space Accessible to Public At the January meeting, Council asked staff to add points for applicants that commit to providing public access to privately-owned open space. This was added as a sub- category (highlighted in yellow in the attached points system draft) worth 5 bonus points under #13 “Open space is consolidated and usable.” The Council and Commission should provide feedback as to whether they believe more points should be awarded for this commitment. d. Neighborhood meetings Staff continues to discuss the pros and cons of the proposed stage when the neighborhood meeting should occur and would like the Commission and Council to provide feedback on this topic. Currently, the draft ordinance requires a neighborhood meeting prior to submittal of a PUD sketch plan. Ideally, this would encourage early involvement and communication between existing neighborhoods and proposed developments. However, there are cities that have recently moved away from holding neighborhood meetings at this stage and instead require it prior to submittal of the preliminary PUD/plat application. This may be beneficial as many times concept plans include policy questions for the Council, and it may cause unnecessary confusion and upset to hold a neighborhood meeting before the Council has a chance to learn about the project and provide any feedback. A project that receives unfavorable feedback from the Council is unlikely to proceed if it would require a significant departure from established code or policy. In this scenario, the neighborhood meeting before the submittal of a concept/sketch plan seems premature. Would the Council/Commission like to change the neighborhood meeting requirement so that it happens prior to submittal of the preliminary PUD/plat application? Or should the draft stay as currently written? It is important to note that the lack of available meeting spaces in Corcoran may mean that developers will request to hold neighborhood meetings at City Hall. This was done just recently for Pioneer Trail Industrial Park. Staff believes reserving the first Thursday of each month between 5-6:30 for neighborhood meetings will allow for these requests to be accommodated as planning staff is typically at City Hall during these hours already. PUD Benefit Categories and Possible Points Staff asks the Council and Commission to provide feedback on the possible benefit categories and allocation of points. Do these categories and number of points possible in each category reflect the City’s development goals and ideals? What categories Page 4 of 4 should be adjusted? Are there additional categories that should be added? Should some categories be removed? Next Steps The Council and Commission are asked to provide staff feedback on the work completed to date. If the Council is generally satisfied with the drafts with fairly minor changes proposed, the Zoning Ordinance Amendment can be scheduled for a public hearing at the March Planning Commission meeting. If extensive changes and/or additional review is desired, adjustments to the anticipated timeline should be discussed. Attachments 1. Draft Ordinance 2. Draft Points System 3. Dayton’s R-3 District Standards 1040.140 – PUD (PLANNED UNIT DEVELOPMENT) Subd. 1. Purpose. In return for greater flexibility in site design requirements, the Planned Unit Development (PUD) district is expected to deliver creative community designs of exceptional quality. PUDs shall honor the rural character of Corcoran by prioritizing nature through preservation, restoration, and/or enhancement of the natural systems that sustain the City. PUDs will include a combination of public benefits such as above-average open space amenities; incorporate creative design in the layout of buildings, open space, and circulation; assure compatibility with surrounding land uses and neighborhood character; and provide greater efficiency in the layout and provision of roads, utilities, and other infrastructure. The purpose of the PUD, Planned Unit Development District, is to promote creative and efficient use of land by providing design flexibility A PUD can be used in the development of residential neighborhoods and/or nonresidential areas in a manner that would not 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. Subd. 2. Intent. The intent of this district is to include most of the following: I. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City’s Comprehensive Plan. II. Potentially Aallow for the mixing of land uses within a development when such mixing of land uses is determined to be compatible with the surrounding area and could not otherwise be accomplished under the existing zoning and subdivision regulations. III. Provide for variations to the strict application of the land use regulations 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. Desired design elements may include the following: innovative design, integration of historical or rural structures and design elements, utilization of new technologies in building design, special construction materials, additional landscaping, creating parking and pedestrian connections, stormwater management, pedestrian-oriented design, or transitions to residential neighborhoods. IV. Promote 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. V. Preserve and enhance natural features, and open spaces, trees, and scenic views. VI. Maintain or improve the efficiency of public streets and utilities. VII. Ensure appropriate transitions between differing land uses. VIII. Ensure high quality of design and designs that are compatible with surrounding land uses, including existing and planned. Subd. 3. Application Applicability. A PUD district shall not be established for parcels guided in the Comprehensive Plan for Rural/Ag Residential and Rural Service/Commercial, except where allowed for an Open Space Preservation Plat. It will be used in areas guided Mixed Use or Mixed Residential on the Land Use Plan and in other areas where A PUD district can be established for parcles guided in the Comprehensive Plan as any other land use designation than those stated above when the City finds that the proposal meets the intent of this the PUD district. Subd. 4. Allowed Uses. All permitted uses, permitted accessory uses, conditional uses, and interim uses contained in the underlying zoning districts shall be treated as potentially allowable uses within a PUD district. Uses within the PUD will generally be limited to those uses considered associated with the general land use category shown for the area on the City’s Comprehensive Plan. A. Low Density Residential. PUDs located on land that is guided for existing and low density residential shall be limited to permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permit as contemplated with the following single-family residential districts: RSF-1, RSF-2, and RSF-3. B. Presumption of Underlying Zoning District. I. PUDs located on land that is guided as one of the land use designations in the table below will be presumed to include permitted and accessory uses in addition to uses allowed by conditional, interim, and/or administrative permits of the underlying zoning district(s) associated with the land use designation. Land Use Designation in Comprehensive Plan Underlying Zoning District Medium Density Residential RMF-1 Mixed Residential RMF-2 High Density Residential RMF-3 Mixed Use GMU and DMU Commercial C-1 and C-2 Business Park BP Light Industrial I-1 Public/Semi-Public PI II. Additional uses not contemplated in the underlying zoning district may be approved by Ordinance if the Council determines such uses to be compatible with the intent of the underlying zoning district. C. Mixed Use. PUDs located on land guided as mixed use are expected to include a combination of residential and commercial uses. Subd. 5. Presumptive Performance Standards. Lot Dimensions, Setbacks and Building Heights. The district regulations (e.g., minimum lot dimensions, building height, and building coverage ratio) of the most closely related underlying zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in this Section. Subd. 6. Design Standards. The PUD plan establishes the requirements for a PUD and shall govern land uses and design. The following is a list of minimum standards required of PUDs: A. Appropriate Integration. PUDs shall be appropriately integrated into existing and proposed surrounding development. This does not mean the PUD reflects the specific standards of the surrounding area such as lot size, density, setbacks, or design. While integration may be achieved through such standards, it may also be achieved through continuation of existing land use types, architectural transitions, landscaping buffering, or other means. B. Variety and Enhanced Design. Since PUDs are expected to exceed standards, most residential PUDs should include a wide variety of styles. Style refers to the exterior image and footprint, not the floor plan. Where a wide variety of styles does not make sense, the PUD should include enhanced building design that exceeds underlying standards. I. PUDs with detached homes must provide house elevations for approval. There should be no less than 5 styles of detached homes. II. PUDs with attached homes (not including apartment buildings) must include no less than 2 styles. III. For PUDs without a residential component, applicants must provide material boards with renderings for design evaluation. C. Open Space. A PUD which includes dwellings shall provide at least 15% of the project area as open space. If the PUD is to be developed in phases, the applicant must include the entire site in the plat of the first phase of development and designate as open space. Open space is a landscaped area of areas available for the common use of and is accessible by all residents or occupants of the buildings within the PUD. Open space shall consist of upland and be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights-of-way, or any other non-recreational impervious surface area. Areas within easements shall be used in calculating open space unless the easement is over an inaccessible space such as wetlands or stormwater ponds. The calculation will be based off the net pre-development area. Dedicated parkland shall not be used in calculating open space for a development if it is anticipated in the 2040 Comprehensive Plan. The applicant shall be required to submit an open space plan along with the PUD development plan. The open space plan will ullustrate the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. D. Perimeter Buffer. PUDs shall provide a landscaping buffer to screen homes from arterial and major collector roads. E. Public Accessibility. When a PUD includes natural features such as creeks, streams, ponds, and lakes, the PUD shall provide public access to these features. F. Discretionary Standards. In addition to the above standards, the City Council may impose such other standards for a PUD project as are reasonable and as the Council deems are necessary to protect and promote the general health, safety, and welfare of the community and surrounding areas. G. Prohibited Features and Modifications. I. The City will not grant side setbacks that result in less than a 15-foot minimum required separation between two detached dwellings. II. PUDs with detached homes shall be designed to avoid interior perimeter roads that are parallel to arterial roadways. Roadways should be curvilinear wherever feasible with a variety of building orientation along arterial roadways. III. PUDs cannot request flexibility from meeting the minimum required screening and/or buffering standards otherwise required in the Zoning Ordinance unless the applicant can show there is a site constraint out of their control that justifies a deviation from these requirements, proposes an alternative screening method that will meet the intent of the requirements, and/or proposes relocating screening methods to a more beneficial location within the development. Subd. 7. PUD Benefits. PUDs are expected to provide a combination of public benefits in exchange for flexibility in Zoning Ordinance requirements. A. All new PUDs of 30 or more acres that have not submitted a PUD sketch plan for City Council review prior to [date of adoption] shall be reviewed by staff against Corcoran’s PUD Point System hereby made a part of this Section. Projects of 30 acres or more must receive a minimum score of 75% of the applicable and attainable points for the project in order for staff to forward the project to the Planning Commission and City Council with a recommendation of approval. A score of 75% of higher does not guarantee City Council approval. The City Council shall use their statutory discretion in determining approval or denial of the PUD rezoning request. B. An applicant may petition for credit of a proposed PUD benefit that is not captured by Corcoran’s PUD Point System and is not otherwise required in the underlying zoning district. If the petition is granted, the PUD benefit shall only be allotted up to 10 points. C. Projects less than 30 acres shall provide at least three public benefits contemplated within Corcoran’s PUD Point System in order for staff to forward the application to the Planning Commission and City Council with a recommendation of approval. Complaince with this standard does not guarantee City Council approval, and the City Council may use their statutory discretion in determining approval or denial of the PUD rezoning request. An applicant may petition for credit of a proposed PUD benefit that is not captured by Corcoran’s PUD Point System. If the petition is granted, the remaining two PUD benefits must be based on the PUD Point System. D. A PUD that offers tree preservation as a public benefit will be required to replace any removed trees that were intended for preservation on a 1:1 caliper inch basis. Subd. 68. Processing Procedures. The general sequence for application, review and action on a PUD shall be according to the following procedures: A. Pre-application Conference Prior to filing of an application or submittal of a sketch plan the applicant shall arrange for and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this district prior to incurring substantial expenditures in the preparation of plans, surveys, and other data. B. Neighborhood Meeting Prior to filing an application or submittal of a PUD sketch plan, the applicant shall arrange and conduct a neighborhood meeting with notice provided to property owners within at least 350 feet of the desired site’s perimeter. The primary purpose of this meeting shall be to provide information on a proposed development to surrounding neighborhoods and allow feedback to be provided and incorporated early in the process. C. PUD Sketch Plan Prior to filing a preliminary PUD development plan application, the applicant shall submit a sketch plan of the project to the Zoning Administrator prior to submission of a formal application. The Zoning Administrator shall refer the sketch plan to the City Council for discussion, review and informal comment. Any opinions or comments provided to the applicant shall be considered advisory only and shall not constitute a binding decision on the request. The purpose of the sketch plan is to inform the City of the applicant’s intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are incurred. The PUD Sketch Plan shall be conceptual in nature but shall be drawn to scale and shall contain at a minimum the following: 1. Location map showing the location within the City and more detailed locations on half-section plat maps showing all perimeter property lines. 2. Aerial photograph of the area. 3. General location of all identified natural resources and wetland inventories on and abutting the premise. 4. General location of existing and proposed structures. 5. Tentative access, circulation and street arrangements, both public and private. 6. Amenities to be provided such as recreational areas, open space, walkways, parking, landscaping, etc. 7. A representative example of the style of structures to be constructed. 8. Proposed public sanitary sewer, water and storm drainage. 9. A general statement of concept, identifying the intent of the project and compatibility with the surrounding area. 10. Extent of and any proposed modifications to land within the Overlay Districts as described and regulated in Section 1050. 11. Any other items as may be deemed necessary by City staff. (Ord. 286, passed 9-25-14) D. Preliminary PUD Development Plan The purpose of the preliminary PUD development plan is to establish the intent, density, and intensity of the proposed development. Upon receipt of the complete application for rezoning to PUD and the preliminary PUD development plan, the item shall be scheduled for a public hearing at the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the provisions of the City’s Code. Upon due consideration, the Planning Commission shall make a recommendation to the City Council. Following the Planning Commission recommendation, the City Council shall consider the rezoning request and preliminary PUD development plan. At this meeting the City Council shall receive the recommendation from the Planning Commission and a report from the City Staff. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If a preliminary development plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar on the same property for a six (6) month period following the date of the denial. E. Final PUD Development Plan The applicant shall submit a final PUD development plan to the City. The Planning Commission shall review the final plan in accordance with the provisions of this Section. The Planning Commission shall review the application to ensure that the proposed final PUD development plan is in substantial conformance with the approved preliminary PUD development plan. Upon due consideration the Planning Commission shall make their recommendation to the City Council. Following the Planning Commission recommendation, the City Council shall consider the final development plan. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If the applicant desires, and the City Council concurs, the preliminary and final development plans may be processed concurrently, provided all items required for both applications are submitted. The rezoning of the property defined in the development plan shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time that the City Council approves the final development plan. Subd. 7 9. Required Findings. The Planning Commission and the City Council shall find the following prior to the approval of a preliminary development plan or final development plan: A. The planned development is not in conflict with the Comprehensive Plan. B. The planned development is not in conflict with the intent of the underlying zoning district and is compatible with surrounding land uses. C. The planned development is not in conflict with other applicable provisions of the City’s Zoning Ordinance. D. The planned development or unit thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a complete unit without dependence upon any other subsequent unit or phase. E. The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. F. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. G. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations. Subd. 8 10. Preliminary Development Plan Content. The intent of the preliminary development plan is to allow City review of site plan and general development issues, without the need for detailed architectural plans. The applicant shall submit preliminary development plans which include the following: A. A location map which indicates existing and future land uses. B. Maps of existing and proposed site features and uses at a minimum scale of 1” = 100’ scale which indicates topography in two-foot contours; building outlines; location of significant vegetation; water bodies and wetlands; location of streets, drives and parking areas; and other significant features. C. A site plan showing all proposed structure and building locations including signs. Plans shall note structure height, general architectural design features and anticipated exterior materials. D. A preliminary circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access and screening for receiving material and trash removal. E. Preliminary drainage, grading, utility and erosion control plans. F. A concept landscaping plan illustrating preservation of existing vegetation, and new landscaping and buffer areas. G. A written report which describes the proposed uses, indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, and statement of which primary zoning district provisions are being modified by the planned development. H. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of “Commercial” guiding and three acres of “Medium Density Residential” guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the Medium Residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. I. Any other information deemed necessary by the City Staff in order to evaluate plans. J. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. K. Five copies of the above information shall be submitted on 24 x 36 inch sheets. L. For City initiated rezonings to Planned Unit Development District, the preliminary development plan may consist of any information deemed necessary to identify and protect the public interest. Subd. 9 11. Final Development Plan Content. The final development plan shall include all of the information required for submission of the preliminary development plan plus architectural plans, detailed site, landscaping, grading and utility plans and all additional information which was requested by the planning commission as a result of its review of the preliminary plan. The final plan shall incorporate all recommendations of the planning commission and City Council, or shall indicate how the final plan fails to incorporate the commission's recommendations. The final plan shall also include and reflect all changes in preliminary plan data since the submission of the preliminary plan. The applicant shall submit final development plans which include the following information: A. A location map which indicates existing and future land uses. B. Maps of existing and proposed site features and uses at a minimum scale of 1”=100’ scale which indicate topography in two-foot contours; building outlines; location of significant vegetation; location of streets, drives and parking areas; and other significant features. C. Detailed drawings of all proposed structure elevations, including scaled elevations and exterior building materials of all buildings and signs. Samples of all proposed materials which will be used on the exterior of structures may be required with the elevation drawings. D. Proposed floor plans for all floor levels of multi-family and non-residential buildings, including locations of electrical, mechanical and gas metering equipment, and storage areas for trash and recyclable materials. E. A landscape plan indicating tree, shrub and ground cover species, size, provisions for plant material watering. F. A final circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access for receiving and trash/recycling removal. G. A lighting plan showing foot-candle levels, luminaire location, fixture type and height. H. Rooftop equipment and screening plan and elevation drawings of rooftop equipment and screening of views from adjacent streets and property. I. A final drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this Ordinance. J. Identification and delineation of all wetlands on the site including preservation and filling and mitigation. K. A written report which completely describes the proposal and indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, describes any changes from the approved preliminary development plan, and statement of which primary zoning district provisions are being modified by the planned development. L. A shift of density or intensity of the plan, if applicable. For example, a ten-acre site with seven acres of “Commercial” guiding and three acres of “Urban Residential” guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the urban residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. M. Any other information deemed necessary by the City Staff in order to evaluate plans. N. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. O. Five copies of the above information shall be submitted on 24 x 36 inch sheets. Subd. 10 12. Performance Guarantees A. The City Council shall require the owner and developer of a PUD to execute a development agreement which may include, but not be limited to, the approved development plan, conditions of approval, association and maintenance agreements, and a time table for construction. B. The City Council shall require an applicant for PUD rezoning/development plan to provide a financial guarantee in accordance with Section 1070.050 of this Chapter to insure that the development will be executed in performance with the approved final PUD development plan. C. The City Council is empowered to require that all required improvements be constructed and completed prior to the issuance of any occupancy permits. D. Construction of each PUD development shall be commenced within one year after the effective date of the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time for one additional year. If construction is not commenced within these time periods, any building permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to rezone the subject property. E. Any building permit issued for construction pursuant to PUD rezoning shall be valid only so long as there is compliance with the final development plan as accepted by the City Council. Subd. 11 13. Changes To Final Development Plans. Minor changes to final development plans adopted by the City Council may be approved by the City Administrator, provided that the changes do not involve the following: A. Increase in floor area of structures or number of dwelling units. B. Change in exterior building material. C. Alteration of any condition attached or modification to the final development plan made by the City Council. D. A major change to a final development plan which is at variance with any standards of the City Code or is less restrictive than any conditions of approval for the initial final development plan, shall require approval by a majority vote of all members of the City Council. (Ord 348, passed 05-25-17, Ord. 378, passed 09-13-18) SECTION 1070 – ADMINISTRATION, PERMITS AND PROCEDURES 1070.010 – ZONING AMENDMENTS (TEXT AND MAP) Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows: A. Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. A non-refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. C. Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357. D. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter. E. Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of: 1. Legal property description. 2. Description of request. 3. Map detailing property location. F. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. G. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request. H. The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff. I. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff. J. Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary. L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request. M. For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a two-thirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council. N. For any application requesting a rezoning to a Planned Unit Development District, approval shall require passage by a two-thirds vote of the seated City Council at the time of the vote. Approvals of a proposed amendment shall require passage by a majority vote of the seated Council. A vote that fails due to failure of requisite votes is deemed a denial. O. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment. P. Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council. Corcoran PUD Points System 1. Placement of uses so as to integrate with adjacent uses. Purpose: To reward developments that make connections to adjacent properties and uses. Criteria: Points will be awarded if there is an opportunity to connect adjacent uses and such connections are made. If no opportunities exist, the category will be eliminated. 25 points maximum for the following: - 5 points will be awarded for placing features, such as private parks and conservation areas, contiguous to existing or planned private parks or conservation areas (as long as there was a choice to put it somewhere else.) - 10 points will be awarded if there are no restrictions for public access to these areas. Public parks are not eligible. - 5 points will be awarded if there is a conscious effort to link the neighborhood to public or semi- public uses (schools, religious institutions, etc.). - 5 points will also be awarded for developers who give adjacent development the opportunity to link to the development in question. 2. Collaboration with adjoining landowner(s). Purpose: To encourage an open dialogue between many landowners. Criteria: Points will be awarded on a case-by-case basis when collaboration is demonstrated. 10 points maximum Applicants must host a neighborhood meeting early in the process as part of the PUD process. Applicants will get collaboration points if they demonstrate that they incorporated feedback and continued ongoing discussions in an effort to work with neighboring property owners to create a more unified plan for the larger neighborhood. Collaboration may also offer a better chance to gain points in other categories. 3. Appropriately located neighborhood scale commercial/office uses. Purpose: To reward developments that provide small scale commercial/office uses. Criteria: Points will be awarded on a case-by-case basis. Category will be considered on a very limited basis. This category is typically not applied to land guided as low-density residential in the City’s Comprehensive Plan; however, consideration will be given to appropriately located non-residential uses contemplated in RSF- 1, RSF-2, or RSF-3 (e.g., daycare facilities, educational facilities, and places of worship). 10 points maximum 4. Percentage of units within ¼ mile of an identifiable neighborhood focal point. Purpose: Encouragement to give new neighborhoods a unique identity and to serve as an ordering device. Criteria: Percentage of units / 2 50 points maximum Examples include the following: parks, greens, squares, monuments, historic structures (silos, barns, granaries, foundations, community gardens, etc.). 5. Distribution of attached units. Purpose: Encourage smaller clusters of attached units. Criteria: Points = (50 – A) A = the largest percentage of attached units in any one group. 40 points maximum Example: If there are 100 attached units in a project, and the largest group has 30 units in it, then 20 points would be awarded. Under this criterion, a PUD must have at least 3 groups of attached units to get any points. 6. Creation of open space using multi-story buildings. Purpose: Promote the creation of open using multi-story buildings. Criteria: Points will be awarded if it was demonstrated that the applicant had purposefully used multi-story buildings for the purpose of creating open space. 10 points maximum This criterion wouldn’t apply to PUDs for land guided as existing residential or low density residential in the City’s Comprehensive Plan. 7. Visual Termini Purpose: Encourage the placement of monuments, statutes, gazebos, or other landmarks at the end of streets. Criteria: Points will be awarded if visual termini are provided. 5 points maximum 8. Attached units are embedded. Purpose: Reduce the amount of attached units visible from major roadways. Criteria: Points = (50 – A) / 2 Where A = (% of the perimeter roadway in linear feet with attached units). 25 points maximum Examples: A development has 1,000 linear feet of arterial roadway and 200 feet of the arterial roadway has attached units adjacent to it. “A” = 20 so Points = (50 -20) / 2 = 15 Only areas where there is an opportunity to build units will be included in the total perimeter measurement. Wetlands or otherwise unbuildable areas will not be included. Attached units are not considered to abut the ROW if there is an outlot or feature between them and the ROW of the area is landscaped and/or has a setback exceeding 60 feet. If the percentage of ROW with abutting attached units is over 50%, the development will get zero points in this category. This criterion is only applicable to proposals with land guided as low-density, medium-density, or mixed residential and detached units are a component of the proposed development. Areas guided for high-density and mixed use are not subject to this criterion. 9. Exceptional landscaping to buffer homes major roads. Purpose: Buffer homes from major roadways. Criteria: Score will be based on criteria below: - At least 70% evergreen trees but no more than 85% (10 points) - Undulating berms (10 points) - Decorative open fencing (10 points) - Understory trees and shrubs (10 points) - All vegetation must be salt tolerant. (10 points) - Retention of existing woods may qualify as well and can be awarded up to 10 bonus points in this category. 50 points maximum 10. Percentage of units within 1,000 feet walk from a park. Purpose: Promote location of parks within a short walk from people’s homes. Criteria: Percentage / 10 10 points maximum Measured along roadways and/or trails. 11. Internal Trail Connections Purpose: Encourage the creation of off-road trails within a neighborhood. Criteria: Points will be awarded for the creation of internal trails to provide pedestrian and/or bicycle movement within a development. 10 point maximum 12. Cul-de-sacs are open ended Purpose: Foster the creation of pedestrian and bicycle connections or trail systems along arterial and collector roadways. Criteria: Points = (% of cul-de-sacs that are open ended) / 20 5 points maximum Cul-de-sac with a trail connection to the arterial at the end. 13. Open Space is consolidated and usable. Purpose: Create open space areas that can be usable to the neighborhood, either passively or actively. Criteria: Points will be awarded based on the following guidelines: - Buildings should be organized around the open space. - Open space should be a framing and organizing feature. - Open space should be accessible to the local population (within the neighborhood). - Open space should be designed in such a way that it doesn’t appear like it is someone’s backyard. - Stormwater ponds should be incorporated as a design feature. - 5 bonus points will be provided if the applicant commits to privately owned open space being made accessible and usable to the public. 25 points maximum with 5 bonus points possible. 14. Open space is connected with green (natural) corridors. Purpose: Connect open spaces and reduce the occurrent of isolated open space areas. Criteria: Points will be awarded for linking open space areas with natural corridors. 10 points maximum Combining open space areas, trails, and storm ponds is a good way to get points in this category. 15. Viable open space master plan is created. Purpose: Encourage developers to create a unified open space plan for their proposed neighborhoods and to use that open space as an organizing device for the neighborhood. Criteria: Points will be awarded for providing a plan that highlights open space areas and the pedestrian corridors and connections between them. 5 points maximum 16. Natural resources and features are retained. Purpose: Encourage the preservation significant or unique natural resources and/or topographical features if they exist. Criteria: Points will be awarded if significant and unique natural features are retained. (Examples include trees, ravines, hilltops) 20 points maximum 17. Extensive internal landscaping. Purpose: Encourage a larger amount of landscaping than required by code. Criteria: (% of landscaping units above minimum) / 10 10 points maximum Examples: 100 units required, 120 units provided = 2 points 18. Use of native plants in landscaping. Purpose: Use vegetation that is better adapted to our climate to reduce water consumption and required maintenance. Criteria: Points will be awarded if landscaping incorporates appropriate use of native plants. 5 points maximum 19. Existing rural structures are retained and/or reused Purpose: Preserve existing structures that are in good condition and have historical value. Criteria: 10 points awarded if a structure is retained 5 bonus points are awarded for the preservation of a silo (for a total of 15 points in this category). 10 points maximum with an additional 5 bonus points. Incorporation of existing structures, foundations, etc., into the development for aesthetic and historic preservation purposes. Examples are barns, silos, foundations, etc., If structures are structurally unsound and removal is advised, a developer would not be penalized for their removal. Historic structures can be used as identifiable neighborhood centers if integrated into park/open space. 20. Higher Architectural Standards Purpose: Encourage a higher architectural standard within PUD proposals. Criteria: Points will be awarded where the developer goes above and beyond the architectural standards required in code. Points will be awarded when plans for residential developments that include recommended architectural styles and elements noted in the Southeast District Plan. 10 points maximum Bonus Categories 21. Natural restoration work Purpose: Reward developments that restore wooded areas, prairies, wetlands, soils, etc. Criteria: 1 point per acre of restoration 10 points maximum Buckthorn removal would qualify. 22. Extraordinary environmental protection Purpose: Reward any other unregulated environmental protection that has not already been addressed. Criteria: Points would be awarded for other extraordinary environmental protection that hasn’t been addressed. 10 point maximum 23. Areas of parkland, woodland, or other open space (above minimum) Purpose: Encourage creation of open space areas in a development, whether they are active park areas in a development, whether they are active park areas or passive woodland areas or other open space. Criteria: 1 point per acre of dedicated parkland (acceptable to the City) or other open space areas that are in outlots or conservation easements. No maximum points. Wetlands and areas on steep slopes would not count. Open space areas must be 50 feet or larger in the smallest dimension to be counted in this category. 24. Innovation and Utilization of New Technologies and Materials Purpose: Reward innovative proposals that include new and creative design approaches and/or utilize new technologies and/or building materials within the overall site layout, buildings, and/or other development features. Criteria: Points will be awarded where the applicant’s plans feature creative and efficient methods of design or incorporate new technologies or materials. For example, the use of building-integrated solar technology (AKA solar skins) for a development that provides high energy efficiency while being aesthetically compatible with the surrounding neighborhood. 10 point maximum Subd. 5 Single-Family Attached and Detached District (R-3) (1) a. Purpose. The purpose of the R-3, Single-Family Attached and Detached District is to allow a mix of single- family detached and single-family attached housing (with a maximum of 4 units per building) at a more moderate single- family density. The R-3 District will also support a range of lot sizes of single-family detached, including villas, to accommodate natural topography of the site, preserve open space, natural features and provide shared amenities on site with a variety of lot width and sizes that support a greater variety in home design within a single development that is served by municipal sewer and water. b. A conventional subdivision of traditional single-family housing units is also allowed provided it meets minimum density requirements. (2) Permitted uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted uses in an R-3 District: a. Permitted uses as allowed within the R-1 Zoning District. b. Attached single family dwelling units (townhomes, single or multi-level). c. Two-family dwelling units. d. Four-plex dwelling units. (3) Permitted accessory uses. In addition to other uses specifically identified elsewhere in this Code, the following are permitted accessory uses in an R-3 District: a. Accessory uses permitted in the R-1 Zoning District except townhomes, twin homes, or quad units shall not be permitted attached or interior accessory dwelling units. (4) Conditional uses. In addition to other uses specifically identified elsewhere in this Code, the following are conditional uses in an R-3 District and require a conditional use permit based upon procedures set forth in and regulated by Subsection 1001.23 of this Code. a. Conditional uses permitted in the R-1. (5) Lot requirements and setbacks. a. Minimum lot requirements: 1. Lot area. Total lot area of single family detached lots may vary to accommodate variety in subdivision design and layout provided the development includes public and private open space, increased protection of natural resources and/or on site amenities above what is required by ordinance. (a) All R-3 developments shall incorporate 4 of the following elements into the development plan. These elements shall be identified during the concept plan review process and incorporated into the development plan at time of Preliminary Plat. i. Public or private open space accessible and useable by the neighborhood and surrounding neighborhoods; ii. Increased park land dedication beyond the required park dedication amount when land is required by the ordinance; iii. Expansion of existing open space or open space corridors and/or linking open space corridors beyond borders of the site; iv. Preservation of existing natural resources, woodlands and unique topographical features if they exist; v. Increased landscape buffer along roadways beyond minimum requirements of the ordinance; vi. Increased internal landscaping throughout the site beyond minimum requirements of the ordinance; vii. Private parks furnished with commercial grade playground equipment approved by City Staff; viii. Enhanced pedestrian scale and decorative street lighting; ix. Construction of trails (above what is required by ordinance); x. Sidewalks are provided on both sides of the street; xi. Recreational facilities, pool or other on site amenities which serve the entire development; xii. Monument signage with decorative lighting, and enhanced entry landscaping surrounding the monument; xiii. Water feature at entry or used in storm water ponds; xiv. Architectural detail beyond minimum requirements of the ordinance; 2. Minimum single family detached lot size shall be 6,500 square feet. Lot widths shall be a minimum of 55 feet provided all lot widths in the development area average to 62 feet in width as measured from the required front setback. Required elements include the following: (a) Category 1: Choose 2 of the following: i. Public or private open space (above what is excluded in net calculation); ii. Increased park land dedication beyond the required park dedication amount when land is required by the ordinance; iii. Expansion of existing open space or open space corridors and/or linking open space corridors beyond borders of the site; iv. Preservation of existing natural resources and woodlands (as mapped as the greenway corridor on the Land Use Plan) beyond minimum net calculation or required by ordinance. (b) Category 2: Choose 1 or more of the following: i. Site amenities: private parks, enhanced pedestrian scale and decorative street lighting, tot lots, trails (above what is required by ordinance), recreational facilities, community center, pools or other on site amenities which serve the entire development. (c) Category 3: Choose 1 of the following: i. Implementation of storm water reuse for common areas and individual lots irrigation; ii. Multiple development wide enhanced entry features including the following elements: monument signage with decorative lighting, water feature and enhanced entry landscaping surrounding the monument; iii. Architectural detail beyond minimum requirements; 3. When a development contains a mixture of attached and detached dwelling units a transition area shall be provided through means of landscaping berming, buffering, or other manner. 4. Density. The minimum net density for the total development shall be 2 units per acre with a maximum density of 4 units per net acre. When calculating net density exclude from gross acres wetlands and water bodies, public park dedication, arterial streets and natural resources mapped as the Greenway Corridor on the Comprehensive Land Use Plan. b. General standards for approval. 1. A rezoning will be required for all R-3 development. The rezoning shall be considered at the same time as a site plan review and/or preliminary or final plat review. A rezoning to R-3 cannot be approved independently. The City may approve the rezoning only if it finds that the development satisfies all of the requirements in this section and all of the following requirements: (a) The rezoning to R-3 is an effective treatment of the development possibilities on the project site and the development plan provides for the preservation or creation of unique amenities. (b) The rezoning to R-3 and associated development plan is prepared in a manner that harmonizes with an existing or proposed development in the areas surrounding the project including connections to natural resources, open space and trails. (c) The R-3 rezoning and development plan, using a range of lot sizes, provides better adaptation to physical and aesthetic conditions of the site. (d) The R-3 rezoning and development plan provides a better mix of lot sizes, house styles in an overall integrated design to achieve a higher quality development. (6) Exception. R-3 zoned areas within the Critical Area Boundary as shown the Future Land Use Plan shall maintain a minimum lot area of 20,000 square feet. (7) The following minimum requirements shall be observed in an R-3 District subject to additional requirements, exceptions and modifications set forth in this Code: Single-Family Two-Family Minimum lot size (SF)6,500 sq. ft.15,000 sq. ft. Minimum lot width at setback (SF) 55 feet with all lots meeting overall average of 62 feet 80 feet Minimum lot frontage 50 feet 60 feet Minimum corner lot frontage 10 feet wider than adjacent interior lot Maximum impervious surface 50%40% Setback - Dwelling - Detached Living area or side loaded garage 25 feet 25 feet Front porch (120 sq. ft.)20 feet 20 feet Garage front 30 feet 30 feet Side yards 7.5 feet (for lots 62 feet and smaller and 10 feet (for lots greater than 62 feet) 10 feet Side yard corner lots 20 feet Rear 30 feet 20 feet Maximum height (as measured from the midpoint on a hipped or pitched roof) 35 feet 35 feet Minimum setback to arterial street 50 feet 50 feet Decks and Attached Open Structures Front, side or rear to street 30 feet Side 7.5 feet Rear 15 feet *Minimum setback to an arterial street is 50 feet a. Front yard (detached single-family). The front yard setback for living area in an R-3 District shall be 25 feet. The setback may be reduced to 20 feet if the following conditions are met: 1. The setback reduction is for an attached living area or porch to the principal structure, not including the garage, which does not exceed a total of 120 square feet of above grade finished livable space. 2. The exterior materials of the proposed living area or porch are consistent or complementary in color, texture and quality with those visible at the front of the dwelling. 3. The roof of the proposed living area or porch is properly proportioned to and integrated with the roof of the dwelling. 4. The structure does not adversely affect drainage on the lot or neighboring properties. b. Rear yard (detached single-family). All rear yards shall have a usable rear yard with a minimum of 20 feet of depth measured from the rear of the building pad. This usable rear yard shall be unencumbered by wetlands, wetland buffer, stormwater ponds or infiltration facilities, and/or drainage and utility or other restrictive easements. (8) Special minimum requirements - detached single-family. a. A private 2 car garage with a minimum floor area of 440 square feet shall be required to be built concurrent with the principal structure. The maximum footprint of the garage shall not exceed the footprint of the living area of the principal structure. 1. Two surface parking spaces shall be provided in a driveway location. 2. For non-residential permitted or conditional uses, parking shall be as required in Subsection 1001.19. b. All developed properties shall display the street address on at least 1 street frontage. c. Newly constructed single-family homes (detached) shall be constructed with the design elements as required in R-1 Single Family Residential District. (9) Special minimum requirements for attached dwelling units. a. Unit size. The following unit size shall apply: 1. Floor area: 500 square foot minimum floor area for efficiency apartment units. Minimum 800 square feet for a 1- bedroom unit plus 100 square feet for each additional bedroom. Seven hundred square foot minimum floor area for 1- bedroom apartment dwelling units in retirement housing developments, plus 100 square feet for each additional bedroom. Garages, breezeways and porch floor spaces shall not be credited in determining the required floor area of units. b. Unit width. The minimum width of a dwelling unit within the R-3 District shall be 25 feet. c. Unit construction. 1. Subdivision requests. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance of this Code. Building floor plans shall identify the interior storage space within each unit. 2. Decks or porches. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches. 3. Minimum overhang. In case of a gable roof, a minimum 12 inch soffit shall be required. 4. Exterior building finish. The exterior of attached/townhome dwelling units shall include a variation in building materials which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. In addition, attached/townhome dwelling structures shall comply with the following requirements: (a) A minimum of 25% of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. (b) Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than 75% of 1 type of exterior finish. (c) Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60% of all building facades of 1 type of exterior finish. (d) For the purpose of this section and material calculations: i. The area of the building facade shall not include area devoted to windows, entrance doors, garage doors, or roof areas. ii. Variations in texture or style (i.e., lap siding versus shake shingle siding) shall be considered as different materials meeting the requirements of this section. iii. Integral colored split face (rock face) concrete block shall not qualify for meeting the brick, stucco and/or natural or artificial stone material requirements. 5. Color. Each attached/townhome building shall feature a broad array of colors, including earth tones, muted natural colors found in surrounding landscape or other colors consistent with the adjacent neighborhood. Buildings in proximity to each other shall not look alike in terms of color of siding, accent and roofing materials. The home under consideration will be compared to 2 homes on 2 lots on either side of it and to the 3 homes directly facing it. 6. Facades and walls. Each attached/townhome dwelling unit shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to adjacent single-family dwellings. 7. Roofs. Each attached/townhome building shall feature a combination of primary and secondary roofs. Primary roofs shall be articulated by at least 1 of the following elements: (a) Changes in place and elevation. (b) Dormers or gables. (c) Transitions to secondary roofs over entrances, garages, porches, bay windows. 8. Garages. (a) Each dwelling unit shall include an attached garage. (b) Garages shall comply with the following minimum size standards: i. For dwellings with basements: 440 square feet. ii. For dwellings without basements: 540 square feet. iii. Garages shall be a minimum of 20 feet in width. d. Outside storage. Outside storage shall be allowed only in designated areas which are screened in accordance with Subsection 1001.24 of this Code and under the ownership of the property owners’ association subject to other applicable provisions of this Code. (10) Common areas. The following minimum requirements shall be observed in the R-3 District governing common areas: a. Ownership. All common areas within an R-3 development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, and the like, shall be owned in 1 of the following manners: 1. Twinhome and townhome subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area. b. Homeowners’ association. A homeowners’ association shall be established for all townhome developments within the R-3 District, subject to review and approval of the City Attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than 1 individual property owner having interest within the development.